The Director's Guidance on Conditional Cautioning

Guidance to Police Officers and Crown Prosecutors issued by the Director of Public Prosecutions under Section 37A of the Police and Criminal Evidence Act 1984

Fifth Edition: October 2007

1. Introduction
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2. Key provisions and principles
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3. Deciding whether a Conditional Caution is a suitable response
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Sufficient evidence to charge the offender with the offence | Permitted offences under the Conditional Cautioning scheme | Public interest factors to determine whether a Conditional Caution should be offered | Seriousness of the offence | The likely outcome at court | The effect on the victim | Circumstances of the offender | The likelihood of further offending | Dealing with multiple offenders | Dealing with multiple offences | Alternative out of court disposal |
4. Referral to prosecutors of cases in which a Conditional Caution is appropriate
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5. Selection of appropriate conditions
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Considering Individual Victims - Reparative Conditions | Considering the offender - Rehabilitative Conditions | Restrictive Conditions | Payment of compensation | Time limit for completion of conditions for summary only offences | Assessing compliance | Variation of Conditions |
6. Information to be provided by the police
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7. Crown Prosecutor's decision
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8. Administration of the Conditional Caution
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9. Responsibility of the Crown Prosecutor to ensure that a Conditional Caution is considered in all appropriate cases
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10. Referrals for decisions: arrangements
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11. Enforcement
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Principle | Monitoring compliance | Dealing with non-compliance | Information and communications on enforcement |

Introduction

1. This Guidance is to enable Custody Officers and Crown Prosecutors to decide how a person should be dealt with when:
• A Custody Officer determines that there is sufficient evidence to charge an offender with an offence, and
• A Custody Officer or an officer involved in the investigation considers that a Conditional Caution may be appropriate in the case, and
• A Crown Prosecutor considers that a Conditional Caution may be appropriate in the case and the offender may be suitable for a Conditional Caution.
2. This Guidance specifies:
• The information that must be sent to Crown Prosecutors to enable a Conditional Cautioning decision to be made.
• The practical arrangements for the referral of cases and for dealing with any non-compliance.
3. This Guidance applies only to those offences specified in Annex A attached.
4. All roles and responsibilities assigned by this Guidance to a Custody Officer or an officer involved in the investigation may be fulfilled by an evidence review officer or any other appropriately authorised police staff member.
5. This Guidance will come into effect in the Local Criminal Justice Areas, or parts thereof, on the dates specified in the attached Schedule.

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Key provisions and principles

• This Guidance should be read in conjunction with all relevant legislation, including the Criminal Justice Act 2003 (the Act), as amended by the Police and Justice Act 2006, and the Code of Practice for Conditional Cautions and the Code for Crown Prosecutors.
• Conditional Cautions are intended to be a swift and effective means of dealing with straightforward cases where the offender is willing to admit the offence and to agree to comply with specified conditions. The disposal should only be used where it provides an appropriate and proportionate response to the offending behaviour.
• Cases will always proceed to court unless a Crown Prosecutor concludes that, in the first instance, the public interest can be met by an appropriate out of court disposal.
• Wherever possible, the decision to administer a Conditional Caution should be made prior to charge. A Crown Prosecutor making a charging decision or undertaking a review of police charged cases should ensure that where a Conditional Caution is more appropriate, it is preferred to prosecution.
• The decision to administer a Conditional Caution will bring about the suspension of the prosecution while the offender is given an opportunity to comply with the conditions. Where the conditions are complied with, the prosecution will not proceed. However, where there is no reasonable excuse for any non-compliance, the prosecution for the original charge(s) should go ahead as if the caution had not been administered.
• In order to facilitate the swift and effective use of this out of court disposal, referral to prosecutors may be undertaken by telephone to a Prosecutor at a CPS office and/or to CPS Direct out of normal office hours. Chief Crown Prosecutors and Chief Constables should agree working arrangements for this locally.
• Once a Crown Prosecutor has determined that an offender is to be cautioned or charged, they will be so cautioned or charged as soon as practicable in accordance with Section 37B Police and Criminal Evidence Act. The Custody Officer will make arrangements for the administration of the Conditional Caution by an authorised person (any constable).
• Where an offender fails to comply with the conditions of a caution, it is for a Crown Prosecutor to determine whether to commence proceedings, whether any reasons for non-compliance amount to a reasonable excuse, or to impose new conditions.
• Where a prosecution takes place, the Act provides that the Conditional Caution will cease to have effect. The issue as to whether or not a reasonable excuse existed will not be a matter for further consideration during the prosecution.
• The Criminal Procedure and Investigations Act 1996 requires investigators to pursue all reasonable lines of enquiry and to record and retain all relevant material. An investigation should not be curtailed simply because a Conditional Caution may be the likely outcome.
• Simplified documentation as set out in this Guidance (paragraph 6.1) should facilitate the proportionate preparation of sufficient information for the decision making and speedy disposal of cases suitable for conditional cautions.
• Confidence in Conditional Cautioning is dependent on effective prosecution where conditions are not complied with without reasonable excuse.

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Deciding whether a Conditional Caution is a suitable response

1. The decision to offer a Conditional Caution and the conditions to be attached can only be made by a Crown Prosecutor.
2. Police officers and Crown Prosecutors should work together to ensure that a Conditional Caution is considered wherever it is appropriate.
3. In determining whether a Conditional Caution is appropriate, Custody Officers and Crown Prosecutors are required to take into account the following factors to ensure that this out of court disposal provides an appropriate and proportionate response to the offending behaviour.

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Sufficient evidence to charge the offender with the offence

4. Before a Conditional Caution can be given, a Crown Prosecutor must be satisfied that there is sufficient evidence available to meet the evidential requirements of the Full Code Test set out in the Code for Crown Prosecutors. In making this assessment, Crown Prosecutors will assess the evidence as set out in an MG5 or witness statements and will take into account the admission made by the offender.

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Permitted offences under the Conditional Cautioning scheme

5. A Conditional Caution can only be given for those offences specified in Annex A of this Guidance.

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Public interest factors to determine whether a Conditional Caution should be offered

6. A Crown Prosecutor must be satisfied that while the public interest justifies a prosecution, in the first instance, the interests of the victim, community or offender may be better served by the offender complying with suitable conditions aimed at reparation or rehabilitation. The Crown Prosecutor must also be satisfied that a prosecution will continue to be necessary should the offer of a Conditional Caution be declined or the offender fail to comply with the conditions.
7. Crown Prosecutors must consider the Code of Practice for Conditional Cautions, this Guidance and the Code for Crown Prosecutors, and have regard to the following public interest considerations.

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Seriousness of the offence

8. The Crown Prosecutor must carefully consider the seriousness of the offence(s). The more serious the circumstances of the offence(s), the less likely it will be that the case is suitable for out of court disposal (see paragraph 3.22 below for dealing with multiple offences).
9. Any aggravating circumstances, including the methodology employed by the offender (for example, any breach of trust or advantage taken of the vulnerable or young) may all increase the seriousness of the offence to the point where the case should proceed to court. However each case should be treated on it's own merits and such circumstances should not be seen as a bar to considering a Conditional Caution in an appropriate case.

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The likely outcome at court

10. The Crown Prosecutor should consider the range of penalties likely to be considered if the case were to proceed to the magistrates' court. Where the Crown Prosecutor concludes that a custodial sentence or a significant community penalty would be under consideration, a Conditional Caution will not be appropriate. In making this assessment, Crown Prosecutors will take into account the published Magistrates' Court Sentencing Guidelines.

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The effect on the victim

11. The views of individual victims should be considered wherever possible when deciding whether a Conditional Caution is appropriate. The Investigating Officer should seek the views of the individual victim and ensure that these are included in the prosecution papers. These views may be communicated verbally to the Crown Prosecutor where the papers have not yet been completed at the time of the referral. They must do so where a victim's agreement is required or participation is sought. Information may also be provided as to the views of the local community including any community impact assessment (see paragraph 5.4 for the views of the victim when selecting conditions).
12. An apparently small financial gain or low level loss or damage occasioned by the offender may represent a significant personal loss to the victim. The decision is one for the Crown Prosecutor who must determine what weight is to be given to the victim's views in all the circumstances of the case. Any views of the victim whether in favour of prosecution or otherwise should not be the overriding consideration but will be a matter for the Crown Prosecutor to take into account in determining the action to be taken.

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Circumstances of the offender

13. The Crown Prosecutor should consider the circumstances of the offender including any antecedent history in determining suitability for a Conditional Caution.
14. A history of recent offending, especially offences of a similar nature, is likely to be an indication that a prosecution should be preferred, but each case should be considered on its own merits.
15. The offender's attitude to both the offending behaviour and the proposed conditions should be considered. An offender who has shown some remorse for the offending behaviour and who has demonstrated a willingness to comply with the conditions is more likely to be suitable for a Conditional Caution. A Conditional Caution will not be appropriate for an offender who fails to accept full responsibility for his actions or who has given any indication that he may not comply with the conditions.
16. As well as admitting the offence in compliance with the requirements of the PACE 1984, before a Conditional Caution can be administered the offender must also admit the offence to the Authorised Person (the person authorised under the Act to administer the Conditional Caution) and agree to comply with the conditions. If the Crown Prosecutor has reason to believe that the offender is unlikely to do so, the offer of a Conditional Caution will not be appropriate.

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The likelihood of further offending

17. Custody Officers and Crown Prosecutors must assess the likelihood of re-offending during the period of the Conditional Caution. This assessment should take into account the issues in paragraph 4.4 below and any views of the investigating officer. In making this assessment, where the maximum sentence allowed for the offence under consideration is limited to a fine, the case should generally be referred to a Crown Prosecutor for consideration of a Conditional Caution.
18. This assessment should take place at an early stage. Cases in which there is a high likelihood of re-offending will not be appropriate for a Conditional Caution and such cases should not be referred to a Crown Prosecutor. Where the Custody Officer is uncertain whether to refer the case to a Crown Prosecutor, the case should first be discussed with a Crown Prosecutor to determine whether a Conditional Caution may be appropriate.
19. However, where the Custody Officer considers that appropriate conditions would assist in the rehabilitation of the offender and would minimise the likelihood of re-offending, the case should be referred to a Crown Prosecutor to determine whether a Conditional Caution is appropriate in all the circumstances.
20. Crown Prosecutors will take into account this assessment when considering whether a Conditional Caution is appropriate. Where the Crown Prosecutor agrees with the Custody Officer's assessment, a Conditional Caution may be offered. Cases in which the likelihood of re-offending cannot be managed by the inclusion of suitable conditions or in which there is a high likelihood of re-offending should be charged and proceed to court.

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Dealing with multiple offenders

21. The charging of one offender in a case does not prevent the offer of a Conditional Caution to a co-defendant. A Conditional Caution can still be considered where it is appropriate either due to the level of involvement in the criminality or the circumstances of the offender. When presenting the case against the offender(s) charged the court should be informed of any decision by a Crown Prosecutor to Conditionally Caution a co-defendant.

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Dealing with multiple offences

22. An offender may be Conditionally Cautioned for more than one offence on the same cautioning occasion. Generally, it will be appropriate to offer a single Conditional Caution for the totality of the offending rather than prefer individual Conditional Cautions for each offence. The more offences committed, the less likely it will be that the case remains suitable for out of court disposal, even if individually the cases would be suitable for a Conditional Caution. However where the totality of the offending does not cause the case to become so serious that a prosecution must follow, the offer of a Conditional Caution may still be appropriate.

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Alternative out of court disposal

23. When considering any case referred for a Conditional Caution, if a Crown Prosecutor determines that no conditions are appropriate or that it is not necessary, in the public interest for the offender to be charged to court, the Crown Prosecutor should, after discussing the options with the Custody Officer or an officer involved in the investigation, determine whether a simple caution, penalty notice or other disposal would be more proportionate or appropriate.

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Referral to prosecutors of cases in which a Conditional Caution is appropriate

1. In the first instance, it is the responsibility of the Custody Officer, assisted by an officer involved in the investigation, to identify those cases in which a Conditional Caution is appropriate.
2. In doing so the Custody Officer should take the following steps:
1. Determine whether the offence is specified in Annex A hereto.
2. Determine whether the offender has made an admission that complies with the Police and Criminal Evidence Act 1984.
3. Determine whether the conditions which may be attached to such a caution are capable of having either or both the following objectives:
• facilitating the rehabilitation of the offender
• ensuring that he makes reparation for the offence.
3. A Custody Officer should not consider a condition caution where:
1. The offender was on bail to court at the time the offence was alleged to have been committed.
2. The Custody Officer assesses that appropriate conditions would not reduce the likelihood of re-offending.
3. The offender would, if convicted of the offence, be in breach of a court order making him liable to be re-sentenced.
4. The offender would be liable to prison recall if convicted for the offence.
5. The offender has denied the offence or put forward a full or partial defence.
4. The likelihood of re-offending involves consideration of:
1. Any previous convictions, including their date, nature and frequency.
2. The offender's response to previous court orders, including bail.
3. All the circumstances of the current offence, including any reason for its commission, any mitigating or aggravating factors (ACPO gravity factors) that may suggest re-offending or repeat victimisation.
4. The offender's response to his arrest and indication of a willingness to co-operate.
5. Once a Custody Officer reaches an affirmative decision in relation to the factors in paragraph 4.2 a, b and c, the case should be referred for consideration of a Conditional Caution. Where the Custody Officer concludes there are factors preventing the referral of the case, this should be recorded on the offender's custody record. The Custody Officer may then proceed to charge in accordance with the Director's Guidance on Charging.
6. This procedure may lead to many more straightforward cases being referred to prosecutors to determine whether a Conditional Caution is appropriate. To facilitate early decision making in these cases, an officer involved in the investigation should ensure that the available evidence, including any admissions, is capable of providing a realistic prospect of conviction. Custody Officers should ensure that the simplified Conditional Cautioning referral papers referred to in paragraph 6.1 below are present and properly completed.

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Selection of appropriate conditions

1. In the first instance the Custody Officer or an officer involved in the investigation may identify or propose conditions appropriate to the case and note them on the proposed MG14. These conditions may be confirmed or modified or alternatives may be included by the reviewing Crown Prosecutor.
2. In determining the conditions that are appropriate in each case, police officers and Crown Prosecutors should act in accordance with the Code of Practice for Conditional Cautions. A table providing further guidance on the selection of appropriate conditions is set out in Annex B to this Guidance.
3. Conditions attached to a Conditional Caution may be reparative or rehabilitative, and may impose restrictions on any individual where these contribute to those objectives. Restrictive conditions must relate to the offending behaviour and be a proportionate response.

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Considering Individual Victims - Reparative Conditions

4. Priority consideration should be given to reparation or compensation for the victim of the crime in a manner that is acceptable to the victim. Individual victims should, where possible, be consulted and suitable conditions canvassed. Any conditions involving the participation of a victim, including receiving a letter of apology from the offender or making a claim for compensation, should not be required unless the victim has been consulted and agrees. Payment of financial reparation should only be included where the victim has requested this.
5. The payment of compensation may be coupled with other conditions so long as the overall requirements contained in the conditions remain proportionate to the offending behaviour. Payment of compensation must be commensurate with the means of the offender and if too large an amount is involved, this may indicate that the case is too serious for a Conditional Caution. Individual victims should be consulted where it is proposed that the sum to be paid by the offender as a condition falls significantly short of the totality of the compensation claimed to determine if agreement can be made for the payment of a lesser sum.
6. Victims will retain the right to take civil proceedings against an offender and can be provided with the contact details of the offender for this purpose. The offender should be informed of this when the caution is explained to him prior to its administration. In the absence of agreement with the victim, which itself will be a factor to take into account when deciding how to proceed, the Crown Prosecutor must decide on the payment of compensation and make a decision that is fair and reasonable in all the circumstances taking into account the likely outcome had the case proceeded to court. For a guide to the amount of compensation that should be considered for personal injury, see the table at Annex B.
7. If the victim does not wish to participate in any meeting or have any contact, direct or indirect, with the offender or have any harm made good or compensation paid, these views must be recorded in writing on the case papers by an officer involved in the investigation and taken into account when determining what conditions are to be applied.
8. The victim of certain offences, especially anti-social behaviour, may be the local community or a part of it. Where possible, a suitable representative of that community should be consulted where it is proposed that the offender makes good the harm caused. It is possible that the community representative may suggest conditions or be willing to report when the task has been completed satisfactorily. The proposed MG 14 should be noted accordingly before it is sent with the referral papers to the Crown Prosecutor.
9. Reparative work for the community must relate directly to the nature of the offending behaviour. This will be particularly appropriate where this has involved damage to the community's property. The period of reparative work should be proportionate to the offender's behaviour and should not exceed 20 hours in total.

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Considering the offender - Rehabilitative Conditions

10. Next in priority will be conditions designed to tackle offending behaviour and rehabilitate the offender. A review of the case, discussions with the Custody Officer, investigating officer or drug arrest referral officer and a consideration of any antecedent history may reveal some of the underlying problems leading to the offending. A condition not to commit an offence within a specified period may be all that is required where the offending was isolated and out of character and the offender appears responsive to the intervention of the police and appropriately remorseful. Ordinarily, this specified period should not exceed 16 weeks.
11. Where it appears that offending behaviour is linked to an addiction to drugs or alcohol, or both, and a suitable scheme is operating locally which is able to take referrals and provide therapy and/or counselling, conditions designed to encourage attendance at such schemes should be considered, in accordance with locally agreed protocols.
12. The availability of referral and other schemes will vary locally. The police and CPS must be aware of what is available in their locality in determining what rehabilitative conditions can be attached to a caution. Local arrangements should ensure that an area directory is compiled and maintained containing details of all referral schemes, reparative work arrangements and other local support services to facilitate the selection of appropriate conditions.

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Restrictive Conditions

13. Conditions that impose restrictions may be included as part of a package of measures designed to rehabilitate offenders or to make good harm caused. They should not be imposed for a period exceeding the life of any such reparative or other rehabilitative conditions and the objectives may be achievable in a shorter period. The conditions, taken as a whole, must be proportionate to the level of offending and not so burdensome so as to seem to offer a disadvantage as compared to a likely court outcome.
14. Restrictive conditions must be clear and unambiguous. They must clearly define any geographical restriction to be imposed. A marked map may be used to aid understanding and avoid uncertainty. Persons to be avoided must be clearly named or described. Conditions must not be imposed which are not achievable or which would prevent a person travelling to their home, place of work, place of religious worship or education, or for which access is ordinarily required for the necessities of every day living.

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Payment of compensation

15. An offender should be allowed a reasonable overall time to make payment. To determine the length of time to be allowed for payment of compensation, regard should be had to his disposable income. However, payment of compensation should not be regarded as simply another item of household expenditure ranking the same as or of a lesser priority to other debts. They should take priority over all outgoings except essential living expenses and any previous fines or compensation orders.
16. Crown Prosecutors should seek, wherever possible, to recover compensation within 16 weeks and conditions should impose this specific requirement. Offenders may make arrangements for periodic payment with the court during the 16 weeks where this method of payment is easier to manage. Compensation for summary only offences must however always be payable within 16 weeks of the date of the offence to preserve the ability to prosecute for non-compliance. If this is not achievable, the Crown Prosecutor should determine whether a lesser sum within the means of the offender should be specified and the victim should be consulted.
17. Where the compensation sum under consideration is substantial, or there are complex issues to be considered, or an offender is already making substantial financial payments to the court and/or any such payments are subject to enforcement proceedings, the Crown Prosecutor is more likely to decide that the case is more appropriate for prosecution.

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Time limit for completion of conditions for summary only offences

18. The time for completion of any conditions must allow sufficient time for prosecution in the event of any non compliance and decision to prosecute. Prosecution for summary only offences must be commenced within 6 months from the date of the offence. The period allowable for completion of any conditions for any summary only offence should be limited to 16 weeks from the date of the offence, and not the date of the administration of the Conditional Caution. In any either way offence the conditions should generally be capable of being complied with within 16 weeks, however this does not preclude longer periods where in all the circumstances this is justified and proportionate.

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Assessing compliance

19. When considering the conditions to be attached, the Custody Officer and Crown Prosecutor should also consider the most suitable method of assessing compliance with the conditions, taking into account the local infrastructure and type of conditions being offered. Conditions which contain restrictions are likely to be enforced by the arrest of an offender (where this is necessary) if the offender is found not to be in compliance with the restriction.

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Variation of Conditions

20. Crown Prosecutors may be asked to agree to vary any conditions or the time set for the completion of conditions. Where this is because of a change of circumstances to the offender, the Crown Prosecutor will consider all the circumstances of the case and may agree to a variation where such a decision would be fair and just in all the circumstances, but where the variation is to the time set for completion the prosecutor must always bear in mind the time restrictions on summary only offences.
21. Where the failure to comply is due to the act or omission of the offender the Custody Officer or an officer involved in the investigation will remind the offender of the undertaking given when the Conditional Caution was administered and warn him of the consequences of a failure to comply. When full payment has not been made by the required date, the Crown Prosecutor should determine whether, in all the circumstances, any amount paid by the offender is sufficient to amount to compliance or whether the public interest requires a prosecution to be commenced. In any case where the variation of any condition could impact on the victim, the victim should be informed promptly.

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Information to be provided by the police

1. In any case which is to be referred to a Crown Prosecutor for a Conditional Cautioning decision the minimum information to be provided is a draft MG 14, any witness statements taken which prove the offence and/or an MG5 summary, an MG15 containing a short descriptive note of the admission (which alternatively may be contained in the MG5) and a record of previous convictions and cautions. These papers may be referred to as the Conditional Cautioning referral papers. The Crown Prosecutor will record the decision on an MG3 (unless telephone referral arrangements are in operation) and confirm or amend the conditions or decide, after discussion, on alternative conditions.
2. The Custody Officer or an officer involved in an investigation should, where possible, from their knowledge of the case and the offender, propose appropriate conditions to be attached to the caution. Such conditions should take into account any reparation to the victim or community and the appropriateness of any restorative or restrictive conditions. Any views expressed by the victim as to any proposed conditions or by the offender indicating a willingness to comply with any conditions should also be noted on the MG14.
3. The maintenance of confidence in Conditional Cautioning is dependent upon the accurate and timely supply of all relevant information in each case. In any case where relevant information is found to be missing during the referral, the process may be suspended while the required information is obtained. If so, no decision or further action will be taken in the case until the papers are returned complete or (where telephone referrals are in operation) a further verbal report is made. During this period, the offender may be released on bail, with or without conditions, under section 37 (7) PACE.

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Crown Prosecutor's decision

1. A Conditional Caution may be appropriate where a Crown Prosecutor believes that while the public interest justifies a prosecution in the first instance, the interests of the victim, community or offender outweigh the seriousness of the offence and may be better served by the offender complying with suitable conditions aimed at reparation or rehabilitation. The Crown Prosecutor must also carefully assess the likelihood of further offending. The Crown Prosecutor should consider whether the expected outcome of the case at court could have an impact on future offending that could not be achieved by the conditional caution. Where this is so, the matter should proceed to court.
2. The Crown Prosecutor must also be satisfied that a prosecution will continue to be necessary should the offer of a Conditional Caution be declined or the offender fail to comply with the agreed conditions.
3. The Crown Prosecutor will decide whether the case is appropriate to be dealt with as a Conditional Caution and determine, after consulting the police, which conditions are suitable in accordance with the table at Annex B. The views and decision of the Crown Prosecutor should be recorded on an MG3 by the prosecutor.
4. Where a Conditional Caution is appropriate, the Crown Prosecutor will notify the Custody Officer or officer involved in the investigation who will make arrangements for the offer of a Conditional Caution to be made. Where the offender indicates a willingness to be cautioned and comply with the conditions, an authorised person will administer the caution. Where the proposed conditions cannot be complied with, the Custody Officer will refer the case back to the Crown Prosecutor who will determine whether alternative conditions are appropriate or whether the case should proceed to prosecution.
5. Where, following referral, the Crown Prosecutor decides that the case is not appropriate for a Conditional Caution, the Crown Prosecutor will notify the Custody Officer who will then proceed to charge in accordance with the Director's Guidance on Charging.
6. Wherever possible, the decision to administer a Conditional Caution should be made while the suspect is still in custody. If, for any reason, this is not possible, the suspect may be released on bail, with or without conditions, under section 37(7) PACE for a period generally not exceeding 72 hours, unless there are operational reasons or other circumstances relating to the victim or offender justifying a longer period, or further information is required relating to the consideration of any specific condition.

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Administration of the Conditional Caution

1. Once the Crown Prosecutor has confirmed the use of a Conditional Caution, an Authorised Person, as permitted under section 22(4) of the Act to administer the Conditional Caution, usually a constable, will proceed to administer the caution and will:
2. Inform the offender of the evidence against him and the decision made by the Crown Prosecutor and remind the offender that he may decide to have the case heard at court.
3. Explain the Conditional Caution and the implications of accepting this and when details may be disclosed to others, including to the victim who may choose to bring civil proceedings for any loss suffered.
4. Explain the requirements for and consequences of making a further admission to the offence at that stage, and the fact that the admission, which must be evidenced by the offender's signature, may be used in evidence should the case result in prosecution.
5. Make it clear to the offender that an admission should not be made simply to receive a Conditional Caution.
6. Ensure that the offender has the opportunity while in detention to receive independent legal advice before agreeing to be Conditionally Cautioned.
7. Confirm that the offender admits the offence.
8. Confirm that the offender is willing to comply with the conditions and that he is made aware of the name and address of the court to which any financial payment must be made.
9. Confirm that the offender understands the effect of a Conditional Caution together with the consequences of failure to comply with any of the conditions.
10. Obtain the offender's signature to the MG14.
11. Provide a copy of the MG14 to the offender.
12. Provide the offender with a named contact and telephone number for early notification in the event of any difficulties in complying with the conditions or that he no longer wishes, at any stage, to comply with the terms of the conditional caution.
2. In any case where it proves not to be possible to administer the Conditional Caution or where the offender indicates that they are not willing to comply with the proposed conditions, the Custody Officer shall refer the matter back to a Crown Prosecutor for further consideration unless the Prosecutor has already indicated the action to be taken.

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Responsibility of the Crown Prosecutor to ensure that a Conditional Caution is considered in all appropriate cases

1. Crown Prosecutors applying this Guidance and in accordance with the Code for Crown Prosecutors must consider the appropriateness of a Conditional Caution in any case where it is appropriate.
2. In any case which the police have referred for a charging decision in accordance with the Director's Guidance on Charging, the reviewing Crown Prosecutor should consider whether in all the circumstances of the case it is more appropriate for a Conditional Caution to be offered than prosecution at court.
3. In any case in which the police have charged in accordance with the Director's Guidance on Charging, a review will be undertaken by a Prosecutor before the prosecution is continued. Where a Prosecutor, following a post-charge review, decides a prosecution should continue no further consideration will be given to a conditional caution.
4. Where it is considered that a Conditional Caution is more appropriate, the Crown Prosecutor will determine whether or not a Custody Officer has offered such a caution or decided not to refer a case for consideration. Where a Conditional Caution has been offered but not accepted, only in exceptional circumstances will further consideration be given to this disposal. Where in any case the Custody Officer has determined that it was not appropriate to refer a case for consideration of a Conditional Caution, the Crown Prosecutor will consult with the Custody Officer before reaching a decision about whether a Conditional Caution should be offered.
5. Once the Custody Officer has been notified that a Conditional Caution is more appropriate, arrangements will be made for the caution to be offered, and where accepted, administered. The Prosecutor and Custody Officer should seek to ensure that the caution is administered before the start of any court hearings where possible and will arrange for any court proceedings to be adjourned pending notification that the caution has been administered. Any criminal proceedings will be discontinued or withdrawn once the caution has been administered.
6. In order to prevent unnecessary delay and adjournments at court, Custody Officers should identify all cases potentially suitable for a Conditional Caution at an early stage, wherever possible before charge, in order to avoid the need to adjourn or discontinue proceedings following a review by a Crown Prosecutor.

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Referrals for decisions: arrangements

1. Conditional Cautions are intended to be a swift and effective means of dealing with straightforward cases. Where a Conditional Caution is appropriate, the Police and CPS should ensure that this outcome is achieved whilst the offender is in custody or within 72 hours of arrest wherever possible. This decision may be delayed where there are operational reasons, exceptional circumstances relating to the offender or the victim, or further information is required relating to the consideration of any specific conditions, but the decision should be taken as quickly as possible. Where the decision is delayed, the offender may be released on bail, with or without conditions, in accordance with section 37(7) PACE.
2. Referrals for Conditional Cautioning decisions may be made to a duty prosecutor in a charging centre where the local work load permit this or may be made by a faxed, e-mailed or oral report (see further at paragraph 10.4 below) to a single contact referral point at a CPS office. Where agreed locally by the police and CPS, this will provide a single telephone point of contact for immediate decisions during weekday daytime hours. The prosecutor's decision will be confirmed subsequently by fax, e-mailed reply or copy of the Conditional Cautioning log. Administration of the Conditional Caution should not be delayed pending receipt of the written confirmation.
3. Where the telephone referral provision for Conditional Cautions is utilised, an oral report to the crown prosecutor will suffice provided the information required at paragraph 6.1 above is thereafter submitted to the crown prosecutor for subsequent reconciliation with the MG3. These papers will be retained by the CPS or returned to the police for retention until the period for completion of all conditions has passed or any subsequent prosecution has been completed.
4. CPS Direct will maintain the service outside normal working hours. If and where the oral report procedure is used, the police will thereafter send their papers to the local CPS office to be joined with the MG3 to be sent there by CPS Direct.
5. Referrals to Crown Prosecutors in the event of any non-compliance may also be by telephone. Whenever a suspect has been arrested for non-compliance and is detained in custody, referral to the Crown Prosecutor for determination that the prosecution is to proceed or conditions varied should be undertaken speedily, by telephone if possible, or to a Duty Prosecutor in a charging centre. Referral out of hours may be made to CPS Direct.

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Enforcement

Principle

1. Public confidence in Conditional Cautioning will be maintained and the support of victims will be enhanced if those who do not comply with conditions are dealt with efficiently and speedily. Offenders must be made aware that a prosecution is likely to proceed if they fail to comply with conditions without reasonable excuse. They should also be encouraged to make early communication with the identified contact where difficulties are encountered in complying with the conditions. The continued engagement of the offender with the programme of conditions is more likely to be maintained where appropriate regard is shown to an offender's genuine change of circumstances and reflected in the approach taken to dealing with any difficulties in compliance.

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Monitoring compliance

2. The recording of Conditional Cautions on local and national databases will enable the accurate monitoring of compliance with any conditions. Recording should take place in accordance with the requirements of the Code of Practice for Conditional Cautions.
3. Where it has been arranged for compliance with Conditional Cautions to be monitored by an individual or a local organisation involved in delivering the conditions, provision should be made for confirmation to the police or contact person named on the MG14 of the satisfactory attendance and completion of the conditions.
4. The offender himself may be required to provide evidence of the satisfactory completion of any conditions where this is appropriate and practical. Where it is, this requirement should be made one of the conditions.

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Dealing with non-compliance

5. Formal investigation of compliance with the conditions is not required. However, where an officer involved in the investigation, or any other person appointed to monitor compliance with any conditions, becomes aware that an offender has failed to comply with any condition, that person should seek to obtain such information as to the non-compliance as reasonably possible, including giving the offender an opportunity to provide an explanation. This does not necessarily require an arrest and instead the offender may be invited to attend the police station or elsewhere for the purposes of providing an explanation.
6. A constable may, under section 24A (1) of the Criminal Justice Act 2003, arrest any person whom he has reasonable grounds for believing has failed without reasonable excuse to comply with any conditions of a Conditional Caution. This may be done where it is necessary either to enforce any restrictive conditions or further deal with an offender who has failed to comply with any other conditions.
7. Following any arrest under section 24A (1) above, the Custody Officer must ascertain as soon as possible whether the offender has any reasonable excuse for non-compliance. Where the Custody Officer is satisfied that a reasonable excuse exists and the offender is able and willing to comply with the conditions, the offender may be released without bail to comply with the same conditions. Where the Custody Officer is satisfied that there is no reasonable excuse for non-compliance, the case will be referred to a Crown Prosecutor for a decision.
8. Where the Custody Officer considers that an offender can no longer comply with any or all of the conditions or has indicated that he will not do so, the case will be referred to a Crown Prosecutor.
9. A Crown Prosecutor will then consider whether there has been a failure to comply and if so, whether there is a reasonable excuse for the non-compliance. Where it is determined that there is a reasonable excuse, the Crown Prosecutor will determine whether it is appropriate to extend the period of time for completion of the conditions or vary the original conditions.
10. Where it is determined that there is no reasonable excuse, the Crown Prosecutor will decide whether or not the offender is to be charged with the original offence and notify the Custody Officer or officer involved in the investigation accordingly.
11. The conditions may be altered in the light of any change of circumstances since the Conditional Caution was imposed although the Crown Prosecutor should be satisfied that the change in circumstances is genuine and impact directly on the ability of the offender to complete the original conditions. The Crown Prosecutor should consider the effect on the victim of any significant variation of conditions and should arrange for the victim to be notified where appropriate. Where the conditions have been partially completed, a Crown Prosecutor will decide whether the extent of part-compliance is sufficient to regard the Conditional Caution as having been fulfilled, whether a variation of the conditions will aid their completion or whether a prosecution should ensue.
12. Where the Custody Officer or Crown Prosecutor determines that further enquiries are required into the non-compliance that cannot be resolved quickly, the offender should be released on bail under section 24A(2) b of the Criminal Justice Act 2003, with or without conditions as necessary. The Custody Officer must inform the offender that he is being released to enable a decision to be made as to whether he is to be charged with the offence for which he was originally given a Conditional Caution. Offenders should only be detained where this is necessary and for as short a period as is possible in order for a decision to be made.

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Information and communications on enforcement

13. Where an offender fails to satisfactorily complete all or any of the conditions attached to a Conditional Caution, brief details of the non-compliance together with any explanation provided by the offender will be noted. The police will provide their views as to the extent of compliance including details of any attempts made and any reasonable excuses provided. The case will then be referred back to a Crown Prosecutor to determine whether or not the offender should be charged with the original offence. To deal with these issues speedily, referrals may be by telephone or to the Duty Prosecutor or to CPS Direct.
14. Wherever agreed locally, Crown Prosecutors will make decisions on enforcement on the basis of information provided over the telephone. However, the Crown Prosecutor may determine, depending on the circumstances of each case, that it is necessary to review the referral papers before confirming the decision to charge or not. Where the decision is made by telephone, Crown Prosecutors will subsequently confirm the decision in writing by fax email or provision of a copy of the Conditional Cautioning log.
15. Any subsequent prosecution will proceed on the basis of the referral papers, with the addition of any necessary statements or documents notified to the police in the event of evidence having to be called at a later stage.

Ken Macdonald QC
Director of Public Prosecutions

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