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Police cautions to be reviewed by government Police cautions to be reviewed by government
(35 minutes later)
The government is launching a review into the use of police cautions in England and Wales, amid fears they are being used to punish serious offences that should be dealt with by the courts. The government is launching a review of the use of police cautions in England and Wales, amid fears that they are being used to punish serious offences that should be dealt with by the courts.
One-third of all serious offences are cautioned and 11,000 people received cautions for violent crime last year, according to the chair of the Magistrates Association. One-third of all serious offences are cautioned and 11,000 people received cautions for violent crime last year, according to the chair of the Magistrates' Association.
Justice minister Damian Green said the review could lead to cautions being "ruled out" for certain offences. The justice minister, Damian Green, said the review could lead to cautions being "ruled out" for certain offences.
"Serious and repeat criminals shouldn't expect to escape with a caution, so we're not only launching this review, we have also changed the guidance," he told BBC Radio 4's Today programme on Wednesday."Serious and repeat criminals shouldn't expect to escape with a caution, so we're not only launching this review, we have also changed the guidance," he told BBC Radio 4's Today programme on Wednesday.
"It may be that the guidelines were not clear enough in the past and the new guidance we are issuing actually does provide more specific guidance on the exceptional circumstances when you can give a caution even if there is a serious offence committed."It may be that the guidelines were not clear enough in the past and the new guidance we are issuing actually does provide more specific guidance on the exceptional circumstances when you can give a caution even if there is a serious offence committed.
"It may well be something to do with the mental health or the age of the offender. You do have to give that ultimate decision to the police officer involved but I do think in terms of having general confidence in the system it is clear, on the whole, you only want cautions to be used for low-level offences for first time offenders and so on." "It may well be something to do with the mental health or the age of the offender. You do have to give that ultimate decision to the police officer involved but I do think in terms of having general confidence in the system it is clear, on the whole, you only want cautions to be used for low-level offences for first-time offenders and so on."
John Fassenfelt, chair of the Magistrates Association, told the Today programme that one-fifth of all sexual offences were cautioned, highlighting the example of a priest who sexually assaulted a 13-year-old girl and was not taken to court. He said that 6% of all cautions were repeat cautions, where the offender had previously received the same punishment. John Fassenfelt, chair of the Magistrates' Association, told the Today programme that one-fifth of all sexual offences were cautioned, highlighting the example of a priest who sexually assaulted a 13-year-old girl and was not taken to court. He said that 6% of all cautions were repeat cautions, where the offender had previously received the same punishment.
Fassenfelt suggested their use had proliferated because it was cheaper for police forces, which avoided the paperwork associated with a court case, and that "they are not being used for the reasons they were introduced for". He also said that there were significant variations in the number of cautions used by different police forces. Fassenfelt suggested their use had proliferated because it was cheaper for police forces, avoiding the paperwork associated with a court case, and added: "They are not being used for the reasons they were introduced for." He also said there were significant variations in the number of cautions used by different police forces.
Asked whether the prison system would be able to cope with a likely increase in the number of people jailed as a result of changing the guidelines, Green said: "Our criminal justice policy is not driven by the number of prison places available, it is driven by a desire to have proper justice so that offenders are sentenced in an appropriate way." Asked whether the prison system would be able to cope with a likely increase in the number of people jailed as a result of changing the guidelines, Green said: "Our criminal justice policy is not driven by the number of prison places available. It is driven by a desire to have proper justice so that offenders are sentenced in an appropriate way."
The justice secretary, Chris Grayling, told the Sun: "The public and victims have a right to expect people who commit serious crimes to be brought before a court."The justice secretary, Chris Grayling, told the Sun: "The public and victims have a right to expect people who commit serious crimes to be brought before a court."
Ministry of Justice figures show that there were 205,700 cautions administered in the 12 months to September 2012, down 12% on the preceding 12 months. The figure was 44% down on the 12 months ending September 2007, when the use of cautions peaked at 367,300.Ministry of Justice figures show that there were 205,700 cautions administered in the 12 months to September 2012, down 12% on the preceding 12 months. The figure was 44% down on the 12 months ending September 2007, when the use of cautions peaked at 367,300.