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This leaflet explainswhat a ConditionalCaution is, when it

might be usedand how it can helpVICTIMS of crime

Q

Q

Q

Q

What if the offender doesnt complete theconditions?

If the offender does not fulfil their side ofthe agreement, then the Police/CPS maydecide to prosecute them.

If there are good reasons for the offendernot being able to complete theConditions(s), it may be possible that thesituation is reassessed. However, thePolice/CPS will not vary the Condition(s)unless there is a reason that they consideracceptable.

What happens once the offender hascompleted the Conditional Caution?

If the offender successfully completes theCondition(s), that is an end to the matter.They will NOT be prosecuted for theoffence.

What about the views of the victim?

Victims are at the heart of the CriminalJustice System. Conditional Cautions takeinto account the views of the victim, aswell as the specific circumstances of thecase. They offer a speedy response to

offending behaviour.

They provide a swift resolution for thevictim, without the need to go to court,and an immediate requirement from theoffender to deal with their offendingbehaviour.

This is particularly relevant to offenderswith, for example, drug or alcohol

dependencies as it enables them to gainimmediate access to treatment that canhelp them deal with their underlyingproblem.

What about compensation?

Victim compensation is the most commoncondition of a Conditional Caution, with

significant numbers of victims receivingcompensation far quicker than if they hadwaited for a court process.

the

CONDITIONAL

Caution

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Further information can be

found in the leaflet, RestorativeJustice and the ConditionalCaution what you need

to know for Victims

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What is a

CONDITIONAL CAUTION?

A Conditional Caution is a new way ofdealing with certain criminal offences.

The scheme is not available to serious,violent or persistent offenders.

A Conditional Caution is where anoffender, on admitting the offence,accepts a caution with condition(s).The offender agrees to complete theCondition(s) instead of being charged andprosecuted. The offender doesnt have to

accept the Conditional Caution but caninstead opt to be prosecuted in court.

Conditions are decided by the CPS andare aimed at addressing the offendersbehaviour.

Q

Q

Q QWhat sort of Conditions could an offenderbe offered?

There are two sorts of Conditions.

A REHABILITATIVE CONDITION aims tohelp the offender change their behaviour so

that they do not commit further offences.For example, attending informationawareness sessions about the effects ofusing drugs.

A REPARATIVE CONDITION aims to helpthe offender make good the harm that theyhave caused, either to a person or a localcommunity. For example, paying for thedamage caused.

How does the Conditional Caution work?

The offender has to admit the offence. ThePolice and the Crown Prosecution Service(CPS) will then decide whether the offenderis suitable to receive a Condition Caution.

Why would an offender accept aConditional Caution?

By accepting a Conditional Caution, theoffender can get help to stop offendingbefore things get worse.

It will also enable them to give something

back to victims like you and to thecommunity as a whole, to make up forwhat they have done.

If accepted, an offender must comply withthe conditions of a Conditional Caution.However, they will not have to go to courtand will not be prosecuted.

What are the advantages of ConditionalCautions?

The Conditional Caution will help theCriminal Justice System (CJS) providesimple, speedy, summary justice as well aspromoting Safer Neighbourhoods and

supporting Community Policing.

The Conditional Caution will also providean opportunity to tackle offences identifiedas detrimental to our standard of life, forexample, by helping us deal with anti-social behaviour quickly and effectively.