Q&As

On what basis can a local authority issue a simple caution to an individual and does it include the power to seek the reasonable costs of conducting the investigation from the offender?

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Published on LexisPSL on 09/11/2016

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • On what basis can a local authority issue a simple caution to an individual and does it include the power to seek the reasonable costs of conducting the investigation from the offender?

On what basis can a local authority issue a simple caution to an individual and does it include the power to seek the reasonable costs of conducting the investigation from the offender?

Simple cautions for adults are a non-statutory disposal and are available only in respect of persons who have attained the age of 18 years. Their use is governed by section 17 of the Criminal Justice and Courts Act 2015 (CJCA 2015). CJCA 2015, s 17 applies to all offences irrespective of when the offences were committed. For further information, see commentary: Simple cautions: Blackstone’s Criminal Practice [D2.24] and Practice Note: Alternatives to prosecution for adults.

Section 222 of the Local Government Act 1972 (LGA 1972) confirmed the power upon local authorities to prosecute criminal

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