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Conditional cautions consultation on 2nd Code of Practice

Consultation on the revised Code of Practice for conditional cautions

06 Mar 2007

The conditional cautions scheme aims to divert lower level offenders from court and has proved effective in addressing the needs of both victims and offenders, allowing swift and appropriate resolutions. Conditions are aimed at rehabilitation (addressing the offender's behaviour) and/or reparation (making good the harm the offender has caused) and may include restorative justice processes. Conditional cautions are not aimed at contested or more serious cases, or at prolific or serious offenders, for whom Court is the right forum for deliberation and adjudication.

National roll-out of the existing conditional cautioning scheme is now underway. The scheme should be operating in one police Basic Command Unit in every force in England and Wales by summer 2007, and full implementation is planned by March 2008.

The purpose of this paper is to consult on the revised Code of Practice for conditional cautions. The code is a statutory document that offers practical guidance to prosecutors and the police on the operation of the conditional cautioning scheme. The existing code was approved by Parliament in July 2004 and is available on the Home Office website or you can download it on the right of this page.

The Code of Practice is being revised to take account of changes to the conditional cautioning scheme introduced by the Police and Justice Act 2006 (which allow, for example, punitive conditions to be attached to a caution) and developments in the operation of the existing scheme as it rolls out across the country.

You are invited to submit your comments by Tuesday 29 May 2007. Feedback on the draft will be considered and, if appropriate, the draft will be amended accordingly before the Code of Practice is laid before Parliament. Time constraints mean that it may not be possible to take account of representations received after this date.

Subject to Parliamentary approval, it is expected that the new Code will be in place by summer 2007, after which there will be a phased implementation of the new punitive measures in selected areas followed by a staged national roll-out.

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