Police, Crime, Sentencing and Courts Act 2022

Introductory

98 Diversionary 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.