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On November 1, Justice Secretary Chris Grayling announced that the use of police cautions were under review.
He stated: “It’s time we put an end to this country’s caution culture. I think every crime should have a consequence, and this change will deliver that.” In a new move by the Government the plan is to actually scrap the use of police cautions in England and Wales, a process originally introduced to keep minor first time offenders from getting onto the bottom rung of the criminal ladder. The fact that it has since been used by police forces to prop up poor detection figures will mean that it will not be welcome news in some quarters.
Origin
The aims of the simple caution was to offer proportionate response to low level offending where the offender had admitted the offence. It offered to deliver swift, simple and effective justice that carried a deterrent effect. It recorded criminal conduct for possible reference in criminal proceedings or in criminal record or other similar checks. It reduced the likelihood of re-offending. One of its main aims was to increase the time officers spend dealing with more serious crime and reduce time police spent completing paperwork and attending court, while reducing the burden on the courts.
It was originally designed to provide the police and Crown Prosecution Service (CPS) with an alternative means of dealing with mainly first time offenders, where specified public interest and eligibility criteria are met. Simple cautions however do form part of an offender’s criminal record. Chris Grayling stated that victims should not feel that criminals are ‘walking away scot free’. Those of you in the security industry operating at the front end dealing with offenders will have witnessed a lot of this, especially with shoplifters. Cautions are often used by the police to obtain a quick confession and an easy outcome.
Under the new system, offenders would repair any damage they have done or pay compensation for less serious crimes. Those who commit more serious offences will face court if they fail to comply with conditions set out by police. The Government says the scheme, which also gives the victim a say in how the offender is dealt with, will be tougher and more simple than the current system. Quite how issuing a straightforward caution can be made more simple, we have yet to learn. The new system is to be trialled for a year from November 2014 by police in Staffordshire, West Yorkshire and Leicestershire. If successful it will be introduced across England and Wales.
No soft option
Chris Grayling said: “it isn’t right that criminals who commit lower level crime can be dealt with by little more than a warning.” Under the new system offenders will face prosecution if they fail to comply with the conditions set by the police, so that no one is allowed to get away with the soft option. The overhaul of what are known as out of court disposals will be replaced by a new two-tier framework. First time offenders doing minor crimes will face a new statutory community resolution. This could see offenders offering verbal or written apologies to their victims, paying compensation or even fixing any damage caused. More serious crimes will be dealt with by a suspended prosecution which would have one or more conditions imposed. Attending a rehabilitation course is one example.
Grayling added: “I’m not prepared to allow the current situation to continue and that is why I am making these changes. This new approach will empower victims and give them a say in how criminals are dealt with as well as making it easier for officers to deal with more minor offences.”
Viewpoints
Surrey Chief Constable Lynne Owens, the national policing lead on ‘out of court disposals’ was quoted saying that the reforms should reduce bureaucracy and help increase public understanding. The pilots seek to test a new approach which gives officers and staff the discretion to deal with cases. It will engage the victim in the process and require offenders to take responsibility for their actions. She added police officers will use their judgement to assess each offence, as they do with the current system. What is it about these comments that make me cautious about how this new system will actually work? Richard Monkhouse, the chairman of the Magistrates Association was quoted saying: “We have pressed hard for a simplification of cautions, so this pilot is welcome especially in empowering victims. However we need to see more detail on the measurement of the pilot’s effectiveness because our members tell us there are existing challenges with local scrutiny panels in evaluating the current regime for out of court disposals.”
For Labour, Sadiq Khan the shadow Justice Secretary was not so enthusiastic. He was saying that under David Cameron too many criminals have been getting away with serious crimes. He added that on the Coalition’s watch cautions have been dished out wrongly for serious sexual and violent crimes like rape. Slap on the wrist community resolutions meant for minor crimes have instead been used by the police thousands of times for violent offences. He maintained that the Government’s actions have cheapened the justice system and questioned whether they were really on the side of the victim. Figures released for 2013 showed that more than 230,000 cautions were issued by the police bringing into question the decision-making process; and not to mention the impact on crime detection figures.
A last word
The Police Federation of England and Wales (PFEW) gave a mixed welcome to government plans to scrap the caution scheme. I wonder why. Paul Ford from the PFEW told BBC Today presenter Sarah Montague that “the resource implications for introducing these pilots are going to be quite significant”. Pretty obvious I would say and judging by the 560 comments on the BBC website, this Government announcement raises a lot more questions than answers.
