Use of police cautions to be reviewed

The use of police cautions for criminal offences in England and Wales is to be reviewed, the government has announced.

Cautions, issued at the discretion of police, are a way of sanctioning criminals without going to court.

But concerns have been raised that they are being used to deal with repeat offenders and for those who commit serious crimes, contrary to advice.

The Association of Chief Police Officers (Acpo) said a "measured view" should be taken on the issue.

The review will look at the way cautions are used and consider whether there is any need for changes to current laws or guidance.

Last year more than 200,000 people who committed crimes were cautioned.

The vast majority of those received a formal warning from police about their conduct, following an admission of guilt.

A formal caution is normally given at a police station by an officer of inspector rank or above. It is not a conviction, but is regarded as a serious matter and may be cited in subsequent court proceedings.

This review is driven by concerns that, contrary to guidance given to police, they are being used to deal with serious offences and repeat offenders.

In the most recent annual figures covering offenders who were either cautioned or found guilty in court, more than one in four people involved in violence against others, and one in five sex offenders, received cautions, including 19 cautioned for rape.

The Association of Chief Police Officers lead spokesman on cautions, Chief Constable Chris Eyre of Nottinghamshire Police, said caution decisions were not made in a "cavalier" fashion but by "sensible local officers".

Mr Eyre gave examples of a 17-year-old having consensual sex with a 15-year-old, or teenagers carrying a knife on a fishing trip, to demonstrate where a caution may be appropriate.

However, the chairman of the Magistrates' Association, John Fassenfelt, said his group, which has about 28,000 members and represents more than 80% of serving volunteer magistrates, had been appealing to the government for about four years to deal with the issue of cautions.

He said that one reason for the use of cautions could be that they are "cheaper" for police as "they don't have to prepare so much paperwork to bring it to court."

The Ministry of Justice (MoJ) said the review followed calls for "greater public confidence and transparency in police use of cautions for repeat offenders and for those who commit serious crimes".

In a statement, the MoJ said it would examine:

• Existing guidance and practice relating to cautions
• Whether there are offences where use of cautions would be "inappropriate" - and if so, what should be used instead
• Reasons why multiple cautions are given to some criminals
• The difference in their use by different police forces - and whether increased scrutiny is needed to ensure they are used consistently
• The impact on individuals of accepting a caution, including how it might affect future employment

The MoJ said it was working with the Home Office and Attorney General's Office, and the review would closely involve the police, Crown Prosecution Service, victims' organisations, the judiciary and the legal community.

The review will report back to ministers by the end of May.