The Ministry of Justice (MoJ) announced earlier this week that the use of police cautions for criminal offences in England and Wales is to be reviewed, amid concerns that they are being used to deal with serious crimes and repeat offenders.
Currently, formal cautions are used by the police to discipline people who have broken the law and could be taken to court but have admitted their guilt. While a caution is not a conviction, it is regarded as a serious matter and could be used in subsequent court proceedings as evidence of bad character.
However, legal guidance says that cautions should only be used for low-level or first-time offences and, while the number of cautions overall is falling, there is evidence that they are being used for serious or repeat offenders, who should be taken to court.
The so-called “quick” review, which will report back by the end of May, will also look into the disparity of the use of cautions between police forces, as currently the number of cautions handed out by officers ranges from between 17 per cent and 45 per cent depending on the policing area.
Justice Secretary Chris Grayling said that while police should use their discretion when it comes to giving out cautions new guidelines were also coming into force this month to avoid any “confusion”.
He added that these would make it “absolutely clear that cautions are only to be used for relatively low level offences” and “should be used for first-time offenders and with appropriate care”.
Police handed out 205,700 cautions in the 12 months ending September 2012, of which some 12 per cent were for violent attacks, while over a third were for theft and handling and 37 per cent were for drug offences.
This represented a 12 per cent decrease compared with the previous 12 months, and a 44 per cent fall from the 12 months to September 2007, when the use of cautions peaked at 367,300.
The MoJ said it was working with the Home Office and Attorney General’s Office on the review, which will also closely involve the police, Crown Prosecution Service, victims’ organisations and other members of the legal community.