Caution Policy for Simple Cautions in the London Borough of Lambeth, Study Guides, Projects, Research of Criminal Justice

Download Caution Policy for Simple Cautions in the London Borough of Lambeth and more Study Guides, Projects, Research Criminal Justice in PDF only on Docsity! b London Borough of Lambeth Caution Policy 1. Introduction 1.2 The London Borough of Lambeth undertakes a range of enforcement activities across such diverse areas, inter alia, as food safety, enviro-crime, housing benefit fraud and animal welfare. 1.3 A number of these functions entail the making of sanction decisions, which may, in appropriate cases, include the Council prosecuting the matter through the criminal courts. 1.4 The Council does not however have an obligation to prosecute, in every case, even where this may appear warranted. Officers may instead choose, in certain exceptional circumstances, to dispose of a matter by using ‘Simple’ Cautions, normally when the public interest firmly weighs against prosecution. 1.5 A Simple Caution (previously known as a Formal Caution) is an admission of guilt to the commission of an offence for which there is a realistic prospect of conviction. It is not a form of sentence or a criminal conviction. 1.6 The benefit of this form of disposal is that the offender is thereby diverted from the Criminal Justice System; the offence is recorded officially and should the individual or body re-offend, the caution, as an admission of guilt, may be cited in evidence against them in any subsequent proceedings under the provisions of the Criminal Justice Act 2003. 1.7 It is, however, emphasised that issuing a Caution is not to be seen as an ‘easy alternative’ to pursuing a prosecution and must only be used where a prosecution could be properly brought. It follows therefore, that if an offender refuses to agree a Caution the matter should normally be referred for prosecution immediately. 1.8 This Policy reflects the principles of the Cabinet Office Enforcement Concordat and officers will have due regard to these principles and to any other published and relevant guidance, including: • The Code for Crown Prosecutors • Home Office Circular 30/2005 (The Cautioning of Adult Offenders) 1.9 The final decision upon whether to dispose of a matter by way of a Caution shall be made by a ‘Simple Sanctions Panel’ comprising representatives of the service area concerned (e.g. Parking or Insurance Services), as appropriate, in conjunction with the Chief Internal Auditor and the Authorised officer (Director of Legal & Democratic Services) or his representative, and issued in accordance with this Policy. 2. Criteria 2.1 The criteria for issuing a caution is as follows: - • There is sufficient evidence to provide a realistic prospect of conviction; • The offender makes a clear and reliable admission of the offence; • The offender agrees to being cautioned (*); • The offender is 18 years old, or over; and • It is in the public interest to issue a caution to dispose of the matter – See 2 below. 2.2 If all the above requirements are met in the opinion of the Authorised Officer, the matter should then be referred to the Sanctions panel [who will make decision as to] whether the circumstances and seriousness of the offence makes it appropriate for disposal by a Caution. * Note: The Offender should be informed that details of the Caution may be publicised. These details are set out in the model letter to the offender but will also be explained to the individual or corporate representative. 3. Is it in the public interest? 3.1 Cautions will be considered in any case that would ordinarily meet the public interest test for prosecution but where there are specific circumstances that weigh firmly against it. 3.2 The Code for Crown Prosecutors' 'public interest factors against prosecution' (6.5(f) and (g)) refer to when a Caution might be appropriate, for example when a court appearance would be likely to have a seriously adverse effect on a victim's health, or the accused is elderly, or was suffering significant physical or mental ill health at the time of the offence. This requires careful judgement as there may well be cases where a prosecution is warranted despite these factors being present. Further Considerations The view from victim In appropriate cases, the victim would be consulted with to determine whether a Caution is the most appropriate course of action. However, the decision remains one for the Council to make. Where there is more than one caution It should be remembered that one of the aims in disposing of a matter in this way is that the individual/body will be deterred from re-offending. Where there is no reasonable expectation of this, prosecution should be the preferred disposal. For this reason, Cautions would not generally be considered where there is evidence of multiple cautions recorded against that individual/body, unless, there