Criminal Justice Act 2003

Part 3 E+W Conditional cautions

22 Conditional cautions E+W

(1) An authorised person may give a conditional caution to a person aged 18 or over (“the offender”) if each of the five requirements in section 23 is satisfied.

(2) In this Part “conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.

[F1 (3) The conditions which may be attached to [F2 any conditional caution] are those which have one or more of the following objects—

(a) facilitating the rehabilitation of the offender;

(b) ensuring that the offender makes reparation for the offence;

(c) punishing the offender.]

[F3 (3A) The conditions which may be attached to a conditional caution include—

(a) (subject to section 23A) a condition that the offender pay a financial penalty;

(b) a condition that the offender attend at a specified place at specified times.

“Specified” means specified [F4 in the condition] .

(3B) Conditions attached by virtue of subsection (3A)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation.

(3C) The Secretary of State may by order amend subsection (3B) by substituting a different figure.]

[F5 (3D) A conditional caution given to a relevant foreign offender may have conditions attached to it that have one or more of the objects mentioned in subsection (3E) (whether or not in addition to conditions with one or more of the objects mentioned in subsection (3)).

(3E) The objects are—

(a) bringing about the departure of the relevant foreign offender from the United Kingdom;

(b) ensuring that the relevant foreign offender does not return to the United Kingdom for a period of time.

(3F) If a relevant foreign offender is given a conditional caution with a condition attached to it with the object of ensuring that the offender does not return to the United Kingdom for a period of time, the expiry of that period does not of itself give rise to any right on the part of the offender to return to the United Kingdom.

(3G) In this section “relevant foreign offender” means—

(a) an offender directions for whose removal from the United Kingdom have been, or may be, given under—

(i) Schedule 2 to the Immigration Act 1971, or

(ii) section 10 of the Immigration and Asylum Act 1999, or

(b) an offender against whom a deportation order under section 5 of the Immigration Act 1971 is in force.]

(4) In this Part “authorised person” means—

(a) a constable,

(b) an investigating officer, or

(c) a person authorised by a relevant prosecutor for the purposes of this section.

Textual Amendments

F1 S. 22(3) substituted (8.7.2009 for specified purposes, 16.11.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 17(2), 53(1); S.I. 2009/1679, art. 2(1)(4); S.I. 2009/2774, art. 2(1)(3); S.I. 2013/592, art. 2(1)

F2 Words in s. 22(3) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 134(a), 151(1); S.I. 2013/453, art. 4(c)

F3 S. 22(3A)-(3C) inserted (8.7.2009 for specified purposes, 16.11.2009 for specified purposes, 8.4.2013 for specified purposes) by Police and Justice Act 2006 (c. 48), ss. 17(3), 53(1); S.I. 2009/1679, art. 2(1)(2)(4); S.I. 2009/2774, art. 2(1)(2)(3); S.I. 2013/592, art. 2(1)(2)

F4 Words in s. 22(3A) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 133(2), 151(1); S.I. 2013/453, art. 4(c)

F5 S. 22(3D)-(3G) inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 134(b), 151(1); S.I. 2013/453, art. 4(c)

23 The five requirements E+W

(1) The first requirement is that the authorised person has evidence that the offender has committed an offence.

(2) The second requirement is that a relevant prosecutor [F6 or the authorised person ] decides—

(a) that there is sufficient evidence to charge the offender with the offence, and

(b) that a conditional caution should be given to the offender in respect of the offence.

(3) The third requirement is that the offender admits to the authorised person that he committed the offence.

(4) The fourth requirement is that the authorised person explains the effect of the conditional caution to the offender and warns him that failure to comply with any of the conditions attached to the caution may result in his being prosecuted for the offence.

(5) The fifth requirement is that the offender signs a document which contains—

(a) details of the offence,

(b) an admission by him that he committed the offence,

(c) his consent to being given the conditional caution, and

(d) the conditions attached to the caution.

Textual Amendments

F6 Words in s. 23(2) inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 133(3), 151(1); S.I. 2013/453, art. 4(c)

[F7 23A Financial penalties E+W

(1) A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.

(2) An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).

(3) The amount that may be prescribed in respect of any offence must not exceed—

(a) one quarter of the amount of the maximum fine for which a person is liable on summary conviction of the offence, or

(b) £250,

whichever is the lower.

(4) The Secretary of State may by order amend subsection (3) by—

(a) substituting a different fraction in paragraph (a);

(b) substituting a different figure in paragraph (b).

(5) Where a financial penalty condition is attached to a conditional caution, [F8 the condition must] specify—

(a) the amount of the penalty,

[F9 (b) the person to whom the financial penalty is to be paid and how it may be paid.]

(6) To comply with the condition, the offender must pay the penalty [F10 in accordance with the provision specified under subsection (5)(b)].

[F11 (6A) Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.]

(7) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F7 S. 23A inserted (8.7.2009 for specified purposes, 16.11.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 17(4), 53(1); S.I. 2009/1679, art. 2(1)(4); S.I. 2009/2774, art. 2(1)(3); S.I. 2013/592, art. 2(1)

F8 Words in s. 23A(5) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 133(4), 151(1); S.I. 2013/453, art. 4(c)

F9 S. 23A(5)(b) substituted for s. 23A(5)(b)(c) (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 60(2); S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(ii)

F10 Words in s. 23A(6) substituted (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 60(3); S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(ii)

F11 S. 23A(6A) inserted (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 60(4); S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(ii)

F12 S. 23A(7)-(9) repealed (8.7.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 149, 153, Sch. 26 para. 60(5), Sch. 28 Pt. 4; S.I. 2009/1678, art. 3(c)

[F13 23B Variation of conditions E+W

A relevant prosecutor [F14 or an authorised person ] may, with the consent of the offender, vary the conditions attached to a conditional caution by—

(a) modifying or omitting any of the conditions;

(b) adding a condition.]

Textual Amendments

F13 S. 23B inserted (8.7.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 61; S.I. 2009/1678, art. 2(b)(ii)

F14 Words in s. 23B inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 133(5), 151(1); S.I. 2013/453, art. 4(c)

24 Failure to comply with conditions E+W

(1) If the offender fails, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, criminal proceedings may be instituted against the person for the offence in question.

(2) The document mentioned in section 23(5) is to be admissible in such proceedings.

(3) Where such proceedings are instituted, the conditional caution is to cease to have effect.

[F15 24A Arrest for failure to comply E+W

(1) If a constable has reasonable grounds for believing that the offender has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, he may arrest him without warrant.

(2) A person arrested under this section must be—

(a) charged with the offence in question,

(b) released without charge and on bail to enable a decision to be made as to whether he should be charged with the offence, or

(c) released without charge and without bail (with or without any variation in the conditions attached to the caution).

(3) Subsection (2) also applies in the case of—

(a) a person who, having been released on bail under subsection (2)(b), returns to a police station to answer bail or is otherwise in police detention at a police station;

(b) a person who, having been released on bail under section 30A of the 1984 Act (bail elsewhere than at police station) as applied by section 24B below, attends at a police station to answer bail or is otherwise in police detention at a police station;

(c) a person who is arrested under section 30D or 46A of the 1984 Act (power of arrest for failure to answer to police bail) as applied by section 24B below.

(4) Where a person is released under subsection (2)(b), the custody officer must inform him that he is being released to enable a decision to be made as to whether he should be charged with the offence in question.

(5) A person arrested under this section, or any other person in whose case subsection (2) applies, may be kept in police detention—

(a) to enable him to be dealt with in accordance with that subsection, or

(b) where applicable, to enable the power under section 37D(1) of the 1984 Act (power of custody officer to appoint a different or additional time for answering to police bail), as applied by section 24B below, to be exercised.

If the person is not in a fit state to enable him to be so dealt with, or to enable that power to be exercised, he may be kept in police detention until he is.

(6) The power under subsection (5)(a) includes power to keep the person in police detention if it is necessary to do so for the purpose of investigating whether he has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution.

(7) Subsection (2) must be complied with as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.

(8) Subsection (2) does not require a person who—

(a) falls within subsection (3)(a) or (b), and

(b) is in police detention in relation to a matter other than the conditional caution,

to be released if he is liable to be kept in detention in relation to that other matter.

(9) In this Part—

• “the 1984 Act” means the Police and Criminal Evidence Act 1984;

• “police detention” has the same meaning as in the 1984 Act (see section 118(2) of that Act).

Textual Amendments

F15 Ss. 24A, 24B inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e)

Modifications etc. (not altering text)

C1 S. 24A(1) applied by 1998 c. 37, s. 66E(4) (as inserted (16.11.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 9 para. 3 (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)(2); S.I. 2013/616, art. 2(b))

C2 Ss. 24A(2)-(9) applied by 1998 c. 37, s. 66E(5) (as inserted (16.11.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 9 para. 3 (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)(2); S.I. 2013/616, art. 2(b))

24B Application of PACE provisions E+W

(1) In the case of a person arrested under section 24A, the provisions of the 1984 Act specified in subsection (2) apply, with the modifications specified in subsection (3) and with such further modifications as are necessary, as they apply in the case of a person arrested for an offence.

(2) The provisions are—

(a) section 30 (arrest elsewhere than at police station);

(b) sections 30A to 30D (bail elsewhere than at police station);

(c) section 31 (arrest for further offence);

(d) section 34(1) to (5) (limitations on police detention);

(e) section 36 (custody officers at police stations);

(f) section 37(4) to (6) (record of grounds for detention);

(g) section 38 (duties of custody officer after charge);

(h) section 39 (responsibilities in relation to persons detained);

(i) section 55A (x-rays and ultrasound scans).

(3) The modifications are—

(a) in section 30CA(5)(a), for the reference to being involved in the investigation of the offence mentioned in that provision substitute a reference to being involved—

(i) in the investigation of the offence in respect of which the person was given the conditional caution, or

(ii) in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution;

(b) in section 36(5) and (7), for the references to being involved in the investigation of an offence for which the person is in police detention substitute references to being involved—

(i) in the investigation of the offence in respect of which the person was given the conditional caution, or

(ii) in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution;

(c) in section 38(1)(a)(iii) and (iv), for “arrested for” substitute “charged with”;

(d) in section 39(2) and (3), for the references to an offence substitute references to a failure to comply with conditions attached to the conditional caution.

(4) Section 40 of the 1984 Act (review of police detention) applies to a person in police detention by virtue of section 24A above as it applies to a person in police detention in connection with the investigation of an offence, but with the following modifications—

(a) omit subsections (8) and (8A);

(b) in subsection (9), for the reference to section 37(9) or 37D(5) substitute a reference to the second sentence of section 24A(5) above.

(5) The following provisions of the 1984 Act apply to a person released on bail under section 24A(2)(b) above as they apply to a person released on bail under section 37 of that Act—

(a) section 37D(1) to (3) (power of custody officer to appoint a different or additional time for answering to police bail);

(b) section 46A (power of arrest for failure to answer to police bail);

(c) section 47 (bail after arrest).

(6) Section 54 of the 1984 Act (searches of detained persons) applies in the case of a person who falls within subsection (3) of section 24A above and is detained in a police station under that section as it applies in the case of a person who falls within section 34(7) of that Act and is detained at a police station under section 37.

(7) Section 54A of the 1984 Act (searches and examination to ascertain identity) applies with the following modifications in the case of a person who is detained in a police station under section 24A above—

(a) in subsections (1)(a) and (12), after “as a person involved in the commission of an offence” insert “or as having failed to comply with any of the conditions attached to his conditional caution”;

(b) in subsection (9)(a), after “the investigation of an offence” insert “, the investigation of whether the person in question has failed to comply with any of the conditions attached to his conditional caution”.]

Textual Amendments

F15 Ss. 24A, 24B inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e)

Modifications etc. (not altering text)

C3 S. 24B applied by 1998 c. 37, s. 66E(5) (as inserted (16.11.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 9 para. 3 (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)(2); S.I. 2013/616, art. 2(b))

25 Code of practice E+W

(1) The Secretary of State must prepare a code of practice in relation to conditional cautions.

(2) The code may, in particular, include provision as to—

(a) the circumstances in which conditional cautions may be given,

(b) the procedure to be followed in connection with the giving of such cautions,

(c) the conditions which may be attached to such cautions and the time for which they may have effect,

(d) the category of constable or investigating officer by whom such cautions may be given,

(e) the persons who may be authorised by a relevant prosecutor for the purposes of section 22,

(f) the form which such cautions are to take and the manner in which they are to be given and recorded,

(g) the places where such cautions may be given, F16 . . .

[F17 (ga) the provision which may be made [F18 in a condition] under section 23A(5)(b),]

(h) the monitoring of compliance with conditions attached to such cautions.

[F19 (i) the exercise of the power of arrest conferred by section 24A(1), and

(j) who is to decide how a person should be dealt with under section 24A(2).]

(3) After preparing a draft of the code the Secretary of State—

(a) must publish the draft,

(b) must consider any representations made to him about the draft, and

(c) may amend the draft accordingly,

but he may not publish or amend the draft without the consent of the Attorney General.

(4) After the Secretary of State has proceeded under subsection (3) he must lay the code before each House of Parliament.

(5) When he has done so he may bring the code into force by order.

(6) The Secretary of State may from time to time revise a code of practice brought into force under this section.

(7) Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code.

Textual Amendments

F16 Word in s. 25(2) repealed (1.4.2007 and expressed to be in force 29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 2; S.I. 2007/709, art. 3(o)(t)(iii); S.I. 2007/1614, art. 2(j)

F17 S. 25(2)(ga) inserted (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 62; S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(d)(ii)

F18 Words in s. 25(2)(ga) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 133(6), 151(1); S.I. 2013/453, art. 4(c)

F19 S. 25(2)(i)(j) inserted (1.4.2007 and expressed to be in force 29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 58; S.I. 2007/709, art. 3(o)(p); S.I. 2007/1614, art. 2(i)

26 Assistance of National Probation Service E+W

(1) Section 1 of the Criminal Justice and Court Services Act 2000 (c. 43) (purposes of Chapter 1) is amended as follows.

(2) After subsection (1) there is inserted—

“(1A) This Chapter also has effect for the purposes of providing for—

(a) authorised persons to be given assistance in determining whether conditional cautions should be given and which conditions to attach to conditional cautions, and

(b) the supervision and rehabilitation of persons to whom conditional cautions are given.”

(3) After subsection (3) there is inserted—

“(4) In this section “authorised person” and “conditional caution” have the same meaning as in Part 3 of the Criminal Justice Act 2003.”

27 Interpretation of Part 3 E+W

In this Part—

• “authorised person” has the meaning given by section 22(4),

• “conditional caution” has the meaning given by section 22(2),

• “investigating officer” means [F20 an officer of Revenue and Customs, appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or] a person designated as an investigating officer under section 38 of the Police Reform Act 2002 (c. 30),

• “the offender” has the meaning given by section 22(1),

• “relevant prosecutor” means—

  (a)

  the Attorney General,

  (b)

  the Director of the Serious Fraud Office,

  (ba)

  F21 ...

  (c)

  the Director of Public Prosecutions,

  (d)

  a Secretary of State,

  (e)

  F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (f)

  F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (g)

  a person who is specified in an order made by the Secretary of State as being a relevant prosecutor for the purposes of this Part.

Textual Amendments

F20 Words in s. 27 inserted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50(6), 53, Sch. 4 para. 129(a); S.I. 2005/1126, art. 2(2)

F21 Words in s. 27 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 38

F22 Words in s. 27 repealed (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50(6), 52(2), 53, Sch. 4 para. 129(b), Sch. 5; S.I. 2005/1126, art. 2(2)

Commencement Information

I1 S. 27 wholly in force; s. 27 not in force at Royal Assent, see s. 336(3); s. 27 in force for certain purposes at 3.7.2004 by S.I. 2004/1629, art. 2; s. 27 wholly in force at 16.11.2009 by S.I. 2009/2775, art. 2