Police, Crime, Sentencing and Courts Act 2022

Prospective

109 Deciding on the conditions E+W

(1) The conditions attached to a community caution are to be decided upon by—

(a) an authorised person, or

(b) in a case where a prosecution authority has taken the decision that the caution should be given, the prosecution authority.

(2) The conditions which may be attached to a community caution are those authorised by—

(a) section 110 (rehabilitation and reparation conditions), and

(b) section 111 (financial penalty conditions).

(3) When deciding what conditions to attach to a community caution the authorised person or prosecution authority must—

(a) make reasonable efforts, or ensure that reasonable efforts are or have been made, to obtain the views of any victim or victims of the offence, and

(b) take those views into account.

(4) The views referred to in subsection (3) include in particular views as to whether the offender should carry out any of the actions listed in the community remedy document.

(5) Where it is the view of the victim or all the victims that the offender should carry out a particular action listed in the community remedy document, the authorised person or prosecution authority must attach that as a condition unless it seems to the authorised person or prosecution authority—

(a) the action is not one that can be attached as a condition to a community caution, or

(b) it would be inappropriate to do so.

Commencement Information

I1 S. 109 not in force at Royal Assent, see s. 208(1)