Part 3 E+W Conditional cautions

Modifications etc. (not altering text)

C1 Pt. 3 excluded (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 17(8)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 13

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 [F1 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

F1 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)