Police, Crime, Sentencing and Courts Act 2022

Prospective

117 Restriction on multiple cautions E+W

(1) Regulations may prohibit the giving of a diversionary or community caution to a person in respect of an offence where the person has already been given one or more cautions.

(2) A prohibition under subsection (1) may in particular be framed by reference to—

(a) the kinds of caution previously given to the person;

(b) the number of times any kind of caution has been given to the person;

(c) the period preceding the commission of the offence within which any kind of caution has been given to the person;

(d) the offence or description of offences in respect of which any kind of caution has been given to the person.

(3) For the purposes of this section “caution” means—

(a) a diversionary or community caution;

(b) a conditional caution under Part 3 of the Criminal Justice Act 2003 given before the coming into force of section 118;

(c) any other caution given to the person before the coming into force of that section in respect of an offence where—

(i) the person admitted having committed the offence,

(ii) the person was aged 18 or over when the caution was given, and

(iii) the caution was given by a constable or other person authorised to give the caution.

Commencement Information

I1 S. 117 not in force at Royal Assent, see s. 208(1)