NOT PROTECTIVELY MARKED FORCE PROCEDURES. Cautioning of Adult Offenders (Simple Caution)

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1 FORCE PROCEDURES Cautioning of Adult Offenders (Simple Caution) Procedure Reference Number: Procedure Author: David Briscoe, Department of Criminal Justice & Custody Procedure Review Date: March 2015 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date (Author(s)) V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Procedure Aim Responsibilities Decision making and process to follow... 5 Instructions... 5 Victims... 7 Forensic Procedures... 8 Criteria for Simple Caution... 8 Appropriate Use of a Simple Caution... 9 Other Considerations Does the Suspect have any other Cautions for Similar Offences? Ethnicity Simple Cautioning Procedure Consequences of Cautioning Recording the Caution When to Refer Decisions to the CPS Conditional Cautions Appeals Review Appendices... Appendix A - Adult Offender Caution Record Form Appendix B - The Threshold Test... Appendix C - Adult Cautioning Process... Appendix D - Gravity Factor Scoring Appendix E - Authorising officer for Adult Simple Caution... Appendix F - List of Notifiable Offences (Extract from Home Office Circular 06/06,. Appendices 1 and 2)... Appendix G - ACPO Retention Guidelines Appendix H - MG3 Form... V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 2

3 Recent amendments (March 2014) in red: 1. Procedure Aim 1.1 Cheshire Constabulary is committed to responding efficiently and effectively to all reports of crime and to the provision of a fair and equal service to all. In support of this we will maintain a system for the administration of simple cautions to adults in appropriate cases. 1.2 This document aims to introduce clear directives and guidance to ensure that simple cautions are administered efficiently and effectively in order to: Deal quickly and simply with less serious offences; Divert unnecessary appearances in the criminal courts; Reduce the chances of re-offending; Make a positive contribution towards the effectiveness of the criminal justice system, by freeing up resources and thereby reduce the fear of crime and disorder; and Optimise the number of offences brought to justice. 1.3 The cautioning procedure is important and must not be treated lightly, otherwise the whole process could be brought into disrepute. V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 3

4 2. Responsibilities NOT PROTECTIVELY MARKED 2.1 That the guidance and procedures relating to the roles and responsibilities of police officers and police staff contained within Section 2 of this document, are Constabulary Policy. 2.2 If there is a victim to the offence then a statement (MG11) is required from them. If the victim declines to make a statement then a signed Pocket Note Book entry must be obtained with as much evidence disclosed as possible. 2.3 The cautioning officer should be a Sergeant or above for most summary or either-way offences. This process will be recorded in the Sergeant s Pocket Note Book, unless this is recorded on the Niche custody record. See below and also and If a first time offender is cautioned it will be normal for them to be charged with subsequent offences. Subsequent simple cautions may be considered in the following circumstances: A person may only receive a second caution for a similar offence within two years, only in exceptional circumstances and if authorised and administered by an Inspector (or above). Note the Inspector must authorise and record why the second caution is appropriate BEFORE the caution is delivered by an officer of Sergeant rank or above. See also Members of vulnerable groups will be treated in accordance with Code of Practice C of the Police and Criminal Evidence Act There must be a clear distinction between the investigation of the offence, the care and treatment of persons in custody and the quasi-judicial function of a caution. Therefore, a caution must not be given by an Officer involved in the investigation of the offence. 2.7 The cautioning officer will be responsible for the completing of form (Adult Offender Caution Record, see Appendix A) and it will be signed by both the offender and the officer. 2.8 The victim must always be kept informed of the final outcome of the case. Click Here to Return to Index V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 4

5 3. Decision making and process to follow 3.1 Instructions This procedure is applicable to persons who have attained the age of eighteen years. Persons who are aged between ten and seventeen inclusive are subject to the Youth Cautions or Youth Conditional Cautions procedure Diverting less serious offences away from the criminal justice system, allows for the individual to take into consideration their actions and responsibilities and can help to reduce the chances of re-offending The concept of the caution is to formally warn and advise the person regarding their present and future conduct. Simple Cautions are a non-statutory disposal and the opportunity exists for police to exercise discretion in deciding to use them. Therefore, it is not possible to set out definitive rules on the circumstances in which Simple Cautions are appropriate (for example, that first time offenders should always be cautioned or particular offences should always result in a Simple Caution only). The questions to consider in each case are : Whether a Simple Caution is appropriate to the offence and the offender; Whether a Simple Caution is likely to be effective in the circumstances In considering the administration of a Simple Caution, officers must observe the General Duties of the Race Relations (Amendment) Act 2000, the Sex Discrimination Act 1975 as amended by the Equality Act 2006 and the Disability Discrimination Act 1995 amended by the Disability Discrimination Act Eliminate unlawful discrimination Eliminate unlawful harassment Promote equality of opportunity A caution is a formal recordable and citable disposal that can be used in the event of any future offending. A Simple Caution (known previously as a Formal Caution, now re-named to distinguish it from a Conditional Caution) is a non-statutory disposal for adult offenders. It may be used for cases involving first time, low level offences where the public interest can be met by a Simple Caution. It is highly unlikely that a Simple Caution would ever be deemed appropriate for an indictable only offence. See and The administration of a Simple Caution for a notifiable offence is treated as a sanction detection and an offence brought to justice. The accurate recording of cautions contributes to improved public confidence in the criminal justice system and also contributes towards reducing the likelihood of re-offending Cautions must be made in accordance with the Director of Public Prosecution s guidance on charging (The Director s Guidance). Early advice from the Crown Prosecution Service (CPS) can also be sought, at any point in an investigation, on whether a Simple Caution is appropriate A Simple Caution may only be administered if there is enough evidence of the required standard, i.e. such that a jury or magistrates directed by the law would be V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 5

6 more likely than not to convict the alleged offender. Therefore, the police must apply the Full Code Test Similarly, if a person is in custody for a relatively low level offence and the person has previously been convicted of unrelated offences, then a Simple Caution may be considered as a suitable disposal, providing the criteria for a Simple Caution has been met and there is no recent offending / conviction history. This is a police operational decision. The considerations are: whether a Simple Caution is appropriate to the offence and the offender whether a Simple Caution is likely to be effective in the circumstances the seriousness of the offence (gravity score low no aggravating factors) the views of the victim In order to safeguard the defendant s interests, the following conditions must be met before a Simple Caution can be administered: There must be evidence of the offender s guilt, sufficient to give a realistic prospect of conviction. (Apply Full Code Test) There must be clear and reliable evidence of a voluntary admission that relates to all elements of the alleged offence(s): the offender must admit the offence. The offender must understand the significance of a caution and give informed consent to being cautioned Simple cautions do form part of an offender s criminal record and may be used in future proceedings and in certain circumstances, may be made available to an employer as part of a criminal record check. Offenders must be made aware of this before agreeing to accept a simple caution There is no right of appeal against the administration of a simple caution once it has been accepted by the offender and administered by the police. However, it may be challenged by way of a formal complaint to the police force that administered it and by a judicial review Legislation which came into effect in December 2008, brought simple cautions within the ambit of the Rehabilitation of Offenders Act 1974 (ROA). Therefore, simple cautions become spent immediately they are administered This means that an individual does not need to disclose a simple caution when asked unless they are seeking work in an occupation that is listed in the Exceptions Order to the ROA such as working with children and vulnerable adults or for other excepted purposes such as seeking to obtain certain licences. Cautions will also be disclosed under Disclosure and Barring Service (DBS) standard and enhanced checks. Further information can be obtained from the DBS If a first time offender is cautioned it will be normal for them to be charged with subsequent offences. Subsequent simple cautions may be considered in the following circumstances: see also 2.4 A person may only receive a second caution for a similar offence within two years, only in exceptional circumstances and if authorised and administered by an Inspector (or above). V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 6

7 In assessing whether exceptional circumstances exist in a case, the following non exhaustive list of factors must be taken into account: (Inspector or above to authorise the caution) The extent of culpability and/or harm caused; The degree of intention or the forseeability of any resultant harm; Any significant aggravating factors; Any significant mitigating factors; The lack of any recent similar previous convictions or cautions; Any other factors relating to the offender or commission of the offence likely to have a significant impact on sentence; The overall justice of the case and whether the circumstances require it to be dealt with in open court; The range of sentences appropriate to the circumstances of the case Any lines of defence that are available to the accused should be taken into consideration as well as an assessment of the evidence which should consider its reliability and admissibility. 3.2 Victims In December 2005, the Victims Code of Practice came into force which brings a statutory requirement for victims to be kept well informed; and that vulnerable and intimidated witnesses should be identified at the time of the offence, as they are eligible for an enhanced service. (For further details, refer directly to the Code, available on the Intranet or from the Force Information Centre) If there is a victim to the offence then a statement (MG11) is required from them. If the victim declines to make a statement, then a signed Pocket Note Book entry must be obtained with as much evidence disclosed as possible Officers must ensure that all offences committed are endorsed on the Adult Offender Caution Record (Form ) (see Appendix A); for example: if two offences of theft are admitted, both should be recorded. This will ensure that cautions accurately reflect the full extent of offences Before a Simple Caution can be administered the victim should normally be contacted to establish : Their view about the offence; The nature and extent of any harm or loss, and their significance relative to the victim s circumstances; Whether the offender has made any form of reparation or paid compensation If a Simple Caution is being, or is likely to be considered, its significance should be explained to the victim. In some cases where cautioning might otherwise be appropriate, prosecution may be required in order to protect the victim from further attention from the offender. The fact that a victim declines to support a prosecution (National Crime Recording Standards Rule D4) should not preclude the consideration of a Simple Caution Where there is a decision not to proceed with a prosecution but the case is still suitable for a Simple Caution, the victim may be asked if they will affirm their support for a Simple Caution as a suitable method of disposal. In these cases, the V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 7

8 victim could be asked to give a statement confirming the facts of the offence and stating in their own words that they are not prepared to support a prosecution through the Courts, but would be satisfied if the matter was dealt with by way of a Simple Caution It is important that the officer dealing with the victim presents the option of a Simple Caution disposal clearly in these cases, and gives due regard to the interests of justice and the due processes involved In all circumstances where the views of victims are sought, care should be taken to ensure they are aware that although their views will be taken into account, they will not necessarily be conclusive to the outcome, as the final decision is at the discretion of the police and/or the CPS The victim must always be kept informed of the final outcome of the case. 3.3 Forensic Procedures Having due regard to the provision of Sections of the Police and Criminal Evidence Act and the circumstances of the individual case: photographs, fingerprints, footprints and DNA analysis should be taken of all persons who are reported for a recordable offence before a Simple Caution is administered, and before the person is released from custody ACPO and force guidelines on how samples should be taken and in relation to which recordable offences will vary over time and should be consulted. 3.4 Criteria for Simple Caution A Simple Caution is a serious matter. It is recorded and will influence any future decision whether or not to institute proceedings should the person offend again; and it may be cited in any future Court proceedings. In order to safeguard the defendant s interests, the following conditions must be met before a Simple Caution can be administered: There must be evidence of the offender s guilt, sufficient to give a realistic prospect of conviction. The offender must fully admit the offence. The offender must understand the significance of a caution and give informed consent to being cautioned A previous caution for a drug related offence would not preclude the issuing of a Simple Caution for a non-drug-related offence where all other criteria for the issue of a caution are met If the current offence is for possession of drugs for personal use, then the accused may be cautioned notwithstanding the fact that they have previous convictions or cautions, provided that the offences were not drug related The following criteria for issuing a Simple Caution should be considered: Is there sufficient evidence of the suspect s guilt to meet the Full Code Test. Is the offence indictable only? (and the available evidence meets at least the Threshold Test)? If the answer is Yes, this disposal option must be V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 8

9 referred to a Superintendent in the first instance and (if supported by the Superintendent) a Crown Prosecutor. HO Circular 16/2008 makes it clear that indictable-only offences must be referred to the CPS. The circular also now states that simple cautions administered for indictable-only offences without referral to the CPS may be deemed not to have been properly administered. Has the suspect made a clear and reliable admission of the offence, either verbally or in writing? An admission of the offence, corroborated by some other material and significant evidential fact will be sufficient evidence to provide a realistic prospect of conviction. This corroboration could be obtained from information in the crime report or obtained during the course of the investigation. A Simple Caution will not be appropriate where a person has not made a clear and reliable admission of the offence (for example if intent is denied or there are doubts about their mental health or intellectual capacity, or where a statutory defence is offered). Cautions data recording HO Circular 16/2008 has strengthened the guidance on the correct recording of simple cautions and made it clear that when an offender is cautioned for a lesser offence than the one originally reported to the police or for which the offender was arrested, the caution must be recorded against the lesser offence. Is it in the public interest to use a Simple Caution as the appropriate means of disposal? The public interest principles set out in the Code for Crown Prosecutors (a public document available on the CPS website) should be taken into account. Is the suspect 18 years or over? Where a suspect is under 18, a Youth Caution or Youth Conditional Caution would be the equivalent disposal If all the requirements are met, the officer must consider whether the seriousness of the offence makes it appropriate for disposal by a Simple Caution A flowchart illustrates this process (see Appendix C). 3.5 Appropriate Use of a Simple Caution A Simple Caution is to be used for minor offences and summary offences Cautions should NOT be given in serious cases. These include: Most sexual offences cautioning for sexual offences is a complex matter, being linked to the requirements of Multi Agency Public Protection Arrangements for cross-referencing, checking prior offence history, and eligibility for entry of the offence onto the Sexual Offenders Register. The legal requirements, as laid out in the Sexual Offences Act 2003 and the threshold requirements of Part 2 of the Sexual Offences Act, need specialist interpretation. Before a decision on whether to caution for a sexual offence is made, it should be referred to the Detective Inspector of the relevant Area Public Protection Unit; or to the Strategic Public Protection Unit based at Force HQ. Hate crimes The unlawful possession of a knife, bladed article, offensive weapon or firearm in a public place or threatening with a bladed article or offensive weapon in a public place or a school is not suitable for caution. V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 9

10 Offences of child prostitution and pornography, cruelty to a child, indecent photographs of children and supplying Class A drugs are specific offences that are not generally suitable for a caution, but if in exceptional circumstances, they must be authorised by an officer of Superintendent or above, who will make the decision over the appropriateness of cautioning. For these cases, in the first instance refer the case to the Superintendent in charge of Criminal Justice and Custody. If unavailable, the BCU Superintendent. In an emergency, refer the case to the locum Superintendent. Only after being authorised by the Superintendent, may the caution be delivered to the offender by an officer of Sergeant rank or above. Where the offender is in a position of trust There is serious financial loss to the victim Domestic Violence - Unless there is some evidence that it is a first domestic abuse offence AND there have been no other reports or intelligence of previous abuse to the victim, previous partners or family members. The Police Decision Maker (see 2.3) must be satisfied that the full code test of evidential standard and public interest factors are adequately met by the administration of a caution. The victim falls within the Vulnerable Victim category The victim sustained serious physical or psychological injury. Serious physical injury means sufficient to justify a charge contrary to Section 47 Offences Against the Person Act 1861 under the CPS / ACPO Charging Standards In cases which are likely to draw press comment, such as politically sensitive issues. Such cases, even when they are minor matters, should be dealt with by way of an Advice File submitted to the CPS A Gravity Factors Scoring Matrix has been provided to assist officers in the decision making process attached at Appendix D. This matrix is clearly distinct from the Youth Justice Board Gravity Scoring Criterion, and should not be confused with it. The questions to be asked in determining the seriousness of the offence are: Are there any aggravating factors involved? Are there any mitigating factors involved? If the answer to either question is yes, then the seriousness of the case will either increase or decrease by one level. The seriousness of an offence is initially determined on a scale between 1 and 4 (with 1 being the least serious). This can increase or decrease by one level, regardless of the number of aggravating / mitigating factors. This is because the highest severity available is level 4, so additional factors cannot be added on indiscriminately. If there is one of each (aggravating and mitigating), they simply cancel each other out Simple Cautions will only be used in appropriate cases and any decision must be based purely on the circumstances of the offence Where an individual is found to be in unlawful possession of a small user amount of controlled drugs, excluding cannabis, and there is evidence that would justify a charge, they may qualify for Simple Caution provided that : The small amount is for personal use only There is an unequivocal admission of guilt by the offender in a formal interview (taped or written) V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 10

11 There is no evidence that the possession is connected with the supply or distribution of that drug A Simple Caution may be administered providing all the above criteria are met and that the person is agreeable to the caution Where an individual is found to be in unlawful possession of a small user amount of cannabis for immediate personal use, a Cannabis Warning may be more appropriate than a Simple Caution. Refer to the Cannabis Enforcement Guidance on the Force Intranet for information Other than in exceptional cases, no person will qualify for a Simple Caution where they have been arrested for an offence connected with the supply or production of controlled drugs Exceptions may be: The production of cannabis (growing cannabis plants from seed) for personal use, OR The cultivation of cannabis plants once produced from seed for personal use, AND Where such production and/or cultivation is in a domestic situation, the product is for the personal use of the individual concerned and without commercial interest. Under such circumstances, production and cultivation of cannabis will be considered for cautioning using the same criteria as those identified in Where an offender is arrested for non-drug offences, such as burglary or shoplifting, and are also found in the possession of drugs, it is important that the primary offence stands alone when making the decision to charge or caution The decision to caution for drug offences shall not be affected by the decision on the primary offence or vice-versa Where there is evidence to show the primary offence is in some way connected to the drug use, then the courts should be made aware by endorsing form MG05 (Police Report) Where no link can be established between the primary offence and the drugs possession, the caution should be drawn to the attention of the CPS by means of the form MG06 (Confidential Information). 3.6 Other Considerations Does the Suspect have any other Cautions for Similar Offences? Both national and any locally held records must be checked before a Simple Caution is given, to ensure that the suspect's criminal record is known and up-todate and to avoid the inappropriate use of a Simple Caution. If the suspect has previously received a caution, then a further Simple Caution should not normally be considered. V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 11

12 3.6.2 However, if there has been a sufficient lapse of time to suggest that a previous caution has had a significant deterrent effect (two years or more) then a Simple Caution can be administered. A Simple Caution can also still be administered if the subsequent offence is trivial or unrelated, or as part of a mixed disposal. If the suspect has previously received a Reprimand or Final Warning (obsolete since April 2013) or a Youth Caution or Youth Conditional Caution, a period of two years should also be allowed to elapse before administering a Simple Caution Once the approving officer is satisfied that the requirements for administering a Simple Caution have been met, they should give further consideration to whether: a Simple Caution is appropriate to the offence and the offender; and it is in the public interest to deal with the offence in this way Officers should take into account the public interest principles set out in the Code for Crown Prosecutors. Officers should not opt to take no further action (NFA) in circumstances in which the requirements of a Simple Caution are met When the approving officer has reached a decision in favour of issuing a Simple Caution, they should sign the custody record, or other suitable documentation, to say that they have approved this as the appropriate method of disposal. The history of the disposal decision must be fully documented on Niche recording the reason for this type of disposal (see Appendix E) In cases that are being considered by the police for charging by the Prosecution Team, gatekeepers (those responsible for overseeing, e.g. Custody Sergeant) must ensure that cases are fully considered for alternative disposals i.e. a Simple Caution where a case is clearly suitable. Ethnicity National statistics imply that there is disproportionality in the numbers of Black Minority Ethnic (BME) persons cautioned, compared with white persons. Officers must ensure that there is a consistent application of the requirements for administering a Simple Caution and that the General Duties of the Race Relations (Amendment) Act 2000 are observed - see section Simple Cautioning Procedure and Legal Advice Before administering the simple caution the police officer should ensure that the offender has had the opportunity to receive free and independent legal advice in relation to the criminal offence. The offender s right to legal advice is set out under PACE and must be adhered to. The police officer must inform the offender of the evidence against them and the decision to offer a simple caution. Offenders and their legal representatives are entitled to seek and have disclosure of the evidence before the offender agrees to accept a simple caution In order for there to be an adequate record of an independent admission of the offence, the details of the admission could be recorded by any of the following methods (which must be Police and Criminal Evidence Act compliant): a tape recorded interview; a record of the admission in the officer's Pocket Note Book and signed by the suspect as an accurate record. This could cover any statement made by the suspect on arrest, after being cautioned; V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 12

13 a statement made by the suspect whilst in police detention (after being reminded they are still under caution) could be recorded in the custody record and signed by the suspect as an accurate record; a contemporaneous interview under caution could be conducted in the absence of the suspect making a voluntary statement of admission, or for clarification where the statement does not meet the required evidential standard. The notes should be fully documented A Sergeant (or above) may authorise and administer most Simple Cautions. The officer may, or may not, be a Custody Officer; however, a caution must not be given by an Officer involved in the investigation of the offence see also 2.3, 2.4, and A caution should take place at a police station unless there are exceptional circumstances, i.e. where the person to be cautioned is elderly, infirm or otherwise vulnerable. When cautioned at a police station, the room to be used will be tidy and for obvious reasons, there will be no confidential material on the walls or within the sight of the person or their appropriate adult if applicable In the case of the accused being elderly, infirm or otherwise vulnerable, then the caution may be administered less formally. It could be administered at their home and in the presence of an appropriate adult The caution should commence with the cautioning officer introducing themselves. It will then be explained that the cautioning procedure is also a suitability interview and is not a procedure that has to be completed at all costs The significance of the caution must be explained: that is, that a record will be kept of the caution, that the fact of a previous caution may influence the decision whether or not to prosecute if the person should offend again. Under no circumstances should suspects be pressed or induced in any way to admit offences in order to receive a Simple Caution as an alternative to being charged The suspect must give informed consent to being cautioned. He or she must agree to accept it. If the suspect does not consent, then police may choose to continue with a prosecution. Officers must avoid any suggestion that accepting a Simple Caution is an "easy option". Similarly, every effort must be made to avoid any suggestion of the suspect being coerced into accepting a Simple Caution. The suspect should be allowed to consider the matter and if need be, take independent legal advice This will ensure that all parties will know that the matter is being viewed seriously by the police. It will give the cautioning officer the opportunity not to continue with the Simple Caution if they feel it is inappropriate in view of the attitude or the response of the offender A Simple Caution should never be viewed as an appropriate method of disposing of offences by serving prisoners Where the offence is listed in Schedule 3 to the Sexual Offences Act 2003, accepting a Simple Caution in relation to such an offence will result in the offender becoming a "relevant offender" for the purposes of the notification and registration V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 13

14 requirements of Part 2 of the Act. In common terms, the offender will be put on the 'Sex Offenders Register'. It is especially important that an offender is informed of the consequences of accepting a Simple Caution before accepting such a disposal for a sexual offence that makes them subject to these requirements; and that all conditions for issuing a caution have been met see If the offender is not informed of this, they may, at a later date, have a case for having the Simple Caution removed Notifiable occupations are currently set out in Annex A of Home Office Circular 06/2006 attached as Appendix F. Where a Simple Caution is issued to someone employed in a notifiable occupation, this should be disclosed by the police to their employer or professional body in accordance with the guidelines set out in that circular. Notifications will be carried out by the Disclosures and Vetting Unit of Administration of Justice. Officers should ensure that offender occupations are accurately recorded, including whether the offender is a foster parent or involved with children in such organisations as Scouts, Guides or as sports coaches. A list of notifiable occupations should be made available in the station Once the Simple Caution has been administered, the offender should sign Form accepting the terms of the caution; and should be given a copy of the form to take away. The pro-forma should include the offender's personal details (including occupation) and should outline the details of the offence. It should also include information on the consequences of accepting a caution. The offender should be invited to self-classify their ethnicity, using 18+1, and record it on the form. The form must explain that the offender's details can be passed to the victim, should they wish to pursue civil proceedings. The offender should sign to say that the terms of the Simple Caution are agreed and the person administering the Simple Caution should also sign. 3.8 Consequences of Cautioning A Simple Caution forms part of an offender's criminal record and may influence how they are dealt with, should they come to the notice of the police again. Simple Cautions given for recordable offences are entered on the Police National Computer, where they are held in line with ACPO Retention Guidelines (Appendix G). The fact of the Simple Caution may also be cited in court in any subsequent court proceedings and can be quoted on a Standard or Enhanced Disclosure issued by the Criminal Records Bureau and thus can be made known to a prospective employer. Fingerprints and other identification data can also be held on databases to which the Police National Computer has links. Therefore the significance of the admission of guilt in agreeing to accept a Simple Caution must be fully and clearly explained to the offender. 3.9 Recording the Caution The accurate recording of all Simple Cautions is essential in order to avoid multiple cautioning and to ensure consistency. Simple Cautions must be recorded on the local custody system and an electronic version of the form is used to record the caution on the Niche custody system. This allows offences to be marked off against caution. The custody record is held under an occurrence, which links the custody record to the crime; however, for the time being the disposal is also recorded on the Niche system. It is the Officer in the Case s V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 14

15 responsibility to ensure that this is done and a sanction detection recorded. Simple Cautions must also be recorded on the Police National Computer Simple Cautions must be entered onto the Police National Computer if they have been given for a notifiable offence. The current ACPO Retention Guidelines 2006, are based on a format restricting access to Police National Computer data, rather than the deletion of the data. The restriction of access is achieved by setting strict time periods after which the relevant event histories will step down and only be open to inspection by the police. Following the step down, other users of the Police National Computer will be unaware of the existence of such records, save for those occasions where the individual is the subject of an Enhanced Check under the Criminal Records Bureau vetting process. In those cases, the data should be dealt with as intelligence and only disclosed, where the relevance test has been applied, on the authority of the Chief Officer. The step down time periods are based on the following criteria, as set out in detail in the chart at Appendix 1 of the ACPO Retention Guidelines (see Appendix G): 1) The age of the subject: 2) The final outcome: 3) The sentence imposed: 4) The offence category (There are 3 offence categories, A, B and C, with A containing the most serious offences listed in Appendix 3 of the Retention Guidelines) In the case of a caution, the entry will step down either after 5 or 10 years, depending on the offence category, provided there are no other cautions or convictions on the record. The record will be retained on the Police National Computer, either as live or step down information, until the subject is deemed to have attained the age of 100 years When to Refer Decisions to the CPS The CPS will need to make the decision on whether an offence is suitable to be dealt with by way of a Simple Caution in the following circumstances: when reviewing a case in which the police have charged the suspect during the roll-out of the statutory charging scheme; or when examining indictable only cases referred to them by the police Superintendent. (Superintendent in charge of Criminal Justice and Custody) Because of their inherent seriousness, indictable only cases which have met the Threshold Test are highly unlikely to be suitable for a Simple Caution. However, in exceptional cases and where it is not in the public interest to proceed with a prosecution, a Superintendent may refer the case to a Crown Prosecutor, who will consider whether the case is suitable for a Simple Caution disposal before deciding to take no further action against the offender The Director's Guidance provides that where the decision of the CPS is that a person should be cautioned (whether Simple or Conditional Caution) this is mandatory and binding upon the police. If however it subsequently proves not to be possible to give the caution (for example, because the offender fails to attend or withdraws consent), the matter will be referred back the Crown Prosecutor, to determine whether the person is instead to be charged with the offence. V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 15

16 The decision whether to charge, caution (Simple or Conditional), No Further Action or otherwise should be recorded on the rear of the MG03 form (attached as Appendix H) Conditional Cautions A Conditional Caution is an alternative disposal and is available for the use by the Police and CPS. They are designed for adult offenders who are willing to admit their guilt and who have committed relatively low level offences The scheme is aimed at cases where the public interest would be met more effectively by offenders carrying out specified conditions attached to a caution rather than being prosecuted A Conditional Caution is: a caution which is given in respect of an offence admitted by the offender and which has conditions attached to it with which the offender must comply or else face the prospect of being charged or summonsed with the original offence. Click Here to Return to Index Click Here to Return to Index V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 16

17 4. Appeals NOT PROTECTIVELY MARKED 4.1 Persons affected by the exercise of powers, directives or actions under this policy have the right to make representations and/or challenges and/or appeals to the decision involved, via the judicial processes (e.g. Civil Law) and/or non-judicial processes (e.g. grievance and complaints procedure), and may wish to consult with their legal advisor when considering such processes and procedures. 4.2 Members of the public may make complaints verbally or in writing via the police complaints procedures. Members of staff can do this internally via the Constabulary Grievance Procedure Click Here to Return to Index V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 17

18 5. Review NOT PROTECTIVELY MARKED 5.1 This procedure will be formally reviewed in 12 months to consider: Its effectiveness in the business area concerned Any changes to legislation Challenges to the procedure Any identified inefficiencies in relation to implementation Impact on diversity and equality (Medium on the Race Diversity Impact Assessment Template) Click Here to Return to Index Version Date Status Authorised /07/10 Minor amends para and D Briscoe /09/10 Updated information para D Briscoe V2.3 Simple Cautions (Pub) NOT PROTECTIVELY MARKED 18

PROCEDURE Simple Cautions. Number: F 0102 Date Published: 9 September 2015

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