Diversionary and Community Cautions Draft Code of Practice
Applies to England and Wales
Consultation description
This public consultation invites views on the operational impact and workability of the newly drafted Code of Practice for the statutory two-tier framework of Out of Court Disposals, as set out in 皇冠体育app Police, Crime, Sentencing and Courts (PCSC) Act 2022.
Out of Court Disposals (OOCDs) is the term used for a range of pre-charge sanctions, used by Police and other prosecution agencies to deal with less serious offending. 皇冠体育app PCSC Act 2022 set out reforms to replace the current framework of warnings, penalties, and cautions with a new statutory two-tier framework, which consists of:
- 皇冠体育app Diversionary Caution, which is the upper-tier disposal with conditions attached. A breach of conditions can result in prosecution for the original offence.
- 皇冠体育app Community Caution, which is the lower-tier disposal with conditions attached. A breach of conditions can result in the imposition of a financial penalty. Non-compliance with conditions can also result in a court fine but cannot be prosecuted.
皇冠体育app consultation will run for 10 weeks and is aimed at prosecution agencies and authorised personnel who will make operational use the Code of Practice in England and Wales, such as the Police and Crown Prosecutors. We also welcome views from members of the public.