PART 6

Cautions

Community cautions

Deciding on the conditions
109
1
The conditions attached to a community caution are to be decided upon by—
a
an authorised person, or
b
in a case where a prosecution authority has taken the decision that the caution should be given, the prosecution authority.
2
The conditions which may be attached to a community caution are those authorised by—
a
section 110 (rehabilitation and reparation conditions), and
b
section 111 (financial penalty conditions).
3
When deciding what conditions to attach to a community caution the authorised person or prosecution authority must—
a
make reasonable efforts, or ensure that reasonable efforts are or have been made, to obtain the views of any victim or victims of the offence, and
b
take those views into account.
4
The views referred to in subsection (3) include in particular views as to whether the offender should carry out any of the actions listed in the community remedy document.
5
Where it is the view of the victim or all the victims that the offender should carry out a particular action listed in the community remedy document, the authorised person or prosecution authority must attach that as a condition unless it seems to the authorised person or prosecution authority—
a
the action is not one that can be attached as a condition to a community caution, or
b
it would be inappropriate to do so.
S. 109 not in force at Royal Assent, see s. 208(1)