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Home Office (2004). Draft Criminal Justice Act 2003, Sections 22-27. Conditional Cautioning: Code of Practice London: Home Office. Downloaded 22 April 2005.

The Code governs the use of conditional cautions under Part 3 of the Criminal Justice Act 2003 (“the Actâ€?). The text of the relevant provisions of the Act is attached at Annex A. Conditional cautioning enables offenders to be given a suitable disposal without the involvement of the usual court processes. Where rehabilitative or reparative conditions (or both) are considered preferable to prosecution, conditional cautioning provides a statutory means of enforcing them through prosecution for the original offence in the event of non-compliance. The key to determining whether a conditional caution should be given – instead of prosecution or a simple caution – is that the imposition of specified conditions will be an appropriate and effective means of addressing an offender’s behaviour or making reparation for the effects of the offence on the victim or the community. The Act defines a conditional caution as ‘a caution which is given in respect of an offence committed by the offender and which has conditions attached to it’. (excerpt)


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