Draft Code of Practice for Adult Conditional Cautions

Closed 1 Nov 2012

Opened 4 Oct 2012

Results Updated 9 Jan 2013

This document is the post-consultation report for the consultation paper, Draft Code of Practice for Adult Conditional Cautions, and the Revised Draft Code of Practice.

The Code of Practice is made under Part 3 of the Criminal Justice Act 2003 and makes provision for conditional cautions as a means of dealing with adult offenders in certain circumstances as an alternative to prosecution. It was revised to reflect the changes to conditional cautions made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and to set out in clearer language certain elements of the existing Code of Practice.

The consultation paper invited views from interested parties on the draft Code of Practice for Adult Conditional Cautions. Several changes have been made to the Code as a result of the consultation process. It will now be laid before Parliament, where once agreed it will come into force by Order.

In addition to the Code of Practice, operational guidance issued by the Director of Public Prosecutions supports the use of conditional cautions. This guidance relates to the current scheme and will be revised to support the new Code of Practice. The Director's Guidance on Adult Conditional Cautions can be found at www.cps.gov.uk/publications/directors_guidance/adult_conditional_cautions.html

Files:

Overview

This consultation paper invites views from interested parties on the draft Code of Practice for Adult Conditional Cautions under Part 3 of the Criminal Justice Act 2003. The Code of Practice makes provision for conditional cautions as a means of dealing with adult offenders in certain circumstances as an alternative to prosecution. It has been revised to reflect the changes to conditional cautions made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. It also sets out in clearer language certain elements of the existing Code of Practice.

The consultation opens on the 4 October 2012 and closes on the 1 November 2012.

'In addition to the Code of Practice, operational guidance issued by the Director of Public Prosecutions supports the use of conditional cautions. This guidance relates to the current scheme and will be revised to support the new Code of Practice.' The Director's Guidance on Adult Conditional Cautions

A consultation is also taking place concurrently on the Code of Practice for Youth Conditional Cautions.

Audiences

  • Voluntary organisations
  • Local authorities
  • Charities
  • Voluntary organisations
  • Police
  • Prosecutors
  • Offenders
  • Victims

Interests

  • Courts
  • Enforcement