An overhaul of ‘simple’ cautions was announced by Secretary of State for Justice Chris Grayling. Some 167,758 cautions were issued to adults in the 12 months to December 2012. This was 11 per cent fewer than the 187,490 given in the 12 months to December 2011 and 29 per cent fewer than the peak of 235,563 cautions issued in the 12 months to December 2007. Likewise the number of cautions given for shop theft has fallen in recent years – here are the totals for the years 2009 to 2012:
20,236 – 2009
19,016 – 2010
18,478 – 2011
15,694 – 2012.
‘Simple’ cautions are an immediate way to deal with people who commit an offence and admit their guilt. They do not involve any form of punishment or rehabilitation and the criminal does not have to go to court.
He announced the Government will:
Ban ‘simple’ cautions for all of the indictable only offences – the most serious criminal offences which must be tried in the Crown Court including rape, manslaughter and robbery.
Ban ‘simple’ cautions for possession of any offensive weapon (including a knife), supplying Class A drugs and a range of sexual offences against children, including child prostitution and pornography.
Review the use of all out of court disposals for adults – including cannabis warnings, conditional cautions, penalty notices for disorder (PND), restorative solutions – by the police.
Chris Grayling said: “Last year nearly 500 offenders who admitted committing some of the most serious crimes escaped with just a slap on the wrist. Quite simply this is unacceptable and unfair on victims. That is why I am scrapping simple cautions for all of the most serious offences and a range of other offences that devastate lives and tear apart communities.
‘Alongside this, the Home Secretary and I are launching a review into the use of all out of court disposals – their use can be inconsistent, confusing and something the public, and victims, have little confidence in.
‘We are on the side of people who work hard and want to get on; if you break the law you will not escape the law.’
And Policing and Criminal Justice Minister Damian Green said: ‘It’s time we get tough – that’s why we are seriously clamping down on the use of simple cautions and reviewing all out of court disposals. We need to sort this out once and for all if the public and victims are going to have confidence in the criminal justice system.
‘Simple cautions can be an appropriate way for the police to deal with low-level offending. However they are not suitable for criminals who commit serious offences like rape or robbery which can ruin victims’ lives.’
The police guidance will be amended so that ‘simple’ cautions are no longer available for any indictable only offences and selection of other offences – possession of any offensive weapon, supplying or procuring Class A drugs, child prostitution and pornography, and possession or supply of indecent photographs of children.
In the most exceptional circumstances only a simple caution can be given but it must be signed off by a senior police officer – not below a Superintendent rank for indictable only offences. Under the current system a ‘simple’ caution can be signed off by a Sergeant rank (although the CPS must be consulted when giving a caution for an indictable only offence).
Alongside this the Government will review the use of all out of court disposals for adults. At present there are a range of types used by the police to deal with crimes out of court – these include Penalty Notices for Disorder (PNDs), Cannabis Warnings and Conditional Cautions. The review will launch in the autumn and any changes to legislation will be brought forwards following the consultation. The review will be conducted with the Home Office and the Attorney General’s Office and will closely involve the police, Crown Prosecution Service, victim’s organisations, the magistracy and the judiciary, as well as the wider legal community.
