Simple Cautions Review

Damian Green Excerpts

Tuesday 19th November 2013 Written Statements

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

The Secretary of State for Justice, together with the Home Secretary and the Attorney-General, on 3 April 2013 launched a review of simple cautions. The review examined the way in which simple cautions are currently used, and considered the need for any changes to policy or practice to ensure that there is transparency, accountability and public confidence in the use of simple cautions as a disposal.

The review included—but was not restricted to—the examination of:

existing guidance and practice relating to the use of simple cautions;

the question of whether there are some offence types for which the use of simple cautions is generally inappropriate—and if so, what procedures should be adopted;

the multiple use of cautions;

the need for increased scrutiny of, and accountability for, the use of a caution in any given case, or the general approach adopted in a police force area to the use of cautions as a disposal; and

the impact on individuals of accepting a caution—taking into account the recent case of T v. Chief Constable of Greater Manchester and others.

The review reported to the Justice Secretary, Home Secretary and the Attorney-General. Following detailed discussion and an examination of the report’s findings, CJS Ministers agreed to accept the recommendations of the review, namely that:

The Government should remove the availability of simple cautions for indictable-only offences unless there are very exceptional circumstances and the caution has been approved by a chief officer, while continuing to allow the use of the conditional caution for these offences. This can be achieved either through toughening the guidance or through legislating. We will also seek to restrict the use of simple cautions for particularly serious either way offences which would ordinarily attract custodial sentences or high-end community orders if the offender is found guilty following a trial.

We should also restrict the use of simple cautions for repeat offenders beyond the position as set out in the guidance.

We believe there is a compelling case for simplification and consolidation of the existing guidance. We also recommend further strengthening the existing guidance regarding cautioning in serious cases.

That there is greater local accountability and scrutiny of decision making. Each force should have a senior officer identified as responsible to provide local leadership and accountability and by making use of local scrutiny panels.

While the imposition of a caution is an operational policing matter we believe there is a compelling case for forces to review strategy and usage of cautions and other out of court disposals on an annual basis. Particular scrutiny should attach to the question of cautions for serious and repeated cases. There is clear potential for police and crime commissioners to play an active role in providing transparency and assurance for the public on this issue.

The presentation of data on cautions, and any accompanying narrative, should continue to draw a clear distinction between youth and adult cautions and simple and conditional cautions, although there is a need for consistent operating principles between these wherever possible. More use can be made of police.uk to ensure that the data is easily accessible to the public.

While this review has limited itself to adult simple cautions, it has concluded that in view of wider concerns which have been voiced during the review, there would be a good case for conducting a wider review of other statutory and informal out of court disposals for both adults and youths to ensure that the framework is rational, understood by all practitioners, and maintains public confidence, and that there are no inadvertent effects from any changes to the simple caution regime in isolation.

The Government have revised the guidance on simple cautions, which is published on the Ministry of Justice website, and have published the report of the review of simple cautions alongside the consultation document on the wider out of court disposals framework which is due to conclude by 9 January 2014. A copy of all of these documents has also been placed in the Libraries of both Houses.