Conditional cautions after LASPO 2012
Conditional cautions after LASPO 2012

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Conditional cautions after LASPO 2012
  • Involvement of prosecutors in conditional cautions
  • Conditional cautions and the removal of foreign offenders
  • Guidance on conditional cautions
  • Statutory requirements of a conditional caution

Involvement of prosecutors in conditional cautions

Conditional cautions were implemented by sections 22–27 of the Criminal Justice Act 2003 (CJA 2003). They were intended to address offending behaviour in appropriate cases without a prosecution.

The offender must be over 18 to receive an adult conditional caution. Conditional cautions were introduced for youths on 8 April 2013.

The conditions which can be attached to a caution must be aimed at one or more of the following objectives:

  1. rehabilitation

  2. reparation, and

  3. punishment

An authorised person may offer a conditional caution for any summary-only offence and any either-way offence. For serious either-way offences, a conditional caution may only be offered if the Foreign National Offender provisions apply. Conditional cautions are prohibited where the offender is suspected of committing document or identity fraud in order to claim asylum or where there are reasonable grounds for believing that the offences are connected to human trafficking (whether the offender is a victim or perpetrator).

Section 133 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) removes the requirement for the relevant prosecutor (CPS) to determine whether there is sufficient evidence to charge the offender when considering to offer a conditional caution. The decision can now be taken by an authorised person, which will usually be a police officer. It also enables the