PART 6Cautions

Introductory

I198Diversionary and community cautions

1

This Part makes provision for cautions known as—

a

diversionary cautions, and

b

community cautions.

2

A diversionary caution may, in accordance with this Part, be given by an authorised person to a person aged 18 or over in respect of an offence.

3

A community caution may, in accordance with this Part, be given by an authorised person to a person aged 18 or over in respect of an offence other than an excluded offence.

4

Diversionary and community cautions must have one or more conditions attached to them.

5

Breach of a condition may, in accordance with this Part, result in—

a

prosecution for the offence, in the case of a diversionary caution, or

b

a financial penalty, in the case of a community caution.

6

In this Part “excluded offence” means—

a

an indictable-only offence;

b

an offence triable either way which is prescribed in regulations, or

c

a summary offence which is prescribed in regulations.

7

In this Part “authorised person”, in relation to a diversionary or community caution, means—

a

a constable,

b

an investigating officer, or

c

a person authorised by a prosecution authority for purposes relating to cautions of that kind.