Part 3

Conditional cautions

Conditional cautions
22
1
An authorised person may give a conditional caution to a person aged 18 or over (“the offender”) if each of the five requirements in section 23 is satisfied.
2
In this Part “conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.
3
The conditions which may be attached to such a caution are those which have one or more of the following objects—
a
facilitating the rehabilitation of the offender;
b
ensuring that the offender makes reparation for the offence;
c
punishing the offender.
3A
The conditions which may be attached to a conditional caution include—
a
(subject to section 23A) a condition that the offender pay a financial penalty;
b
a condition that the offender attend at a specified place at specified times.
“
Specified
” means specified by a relevant prosecutor.
3B
Conditions attached by virtue of subsection (3A)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation.
3C
The Secretary of State may by order amend subsection (3B) by substituting a different figure.
4
In this Part “authorised person” means—
a
a constable,
b
an investigating officer, or
c
a person authorised by a relevant prosecutor for the purposes of this section.
S. 22(3) substituted (8.7.2009 for specified purposes, 16.11.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 17(2), 53(1); S.I. 2009/1679, art. 2(1)(4); S.I. 2009/2774, art. 2(1)(3); S.I. 2013/592, art. 2(1)
S. 22(3A)-(3C) inserted (8.7.2009 for specified purposes, 16.11.2009 for specified purposes, 8.4.2013 for specified purposes) by Police and Justice Act 2006 (c. 48), ss. 17(3), 53(1); S.I. 2009/1679, art. 2(1)(2)(4); S.I. 2009/2774, art. 2(1)(2)(3); S.I. 2013/592, art. 2(1)(2)