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What is a diversion & how does it work?
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Oct 27, 2023 · Diversion is a term that can refer to several different concepts and has no fixed meaning in the law in England and Wales. The two most common concepts are diversion from court and diversion...
- Introduction
- Headlines
- Overview
- Decision Making Powers
- The Offence
- Conditional Cautioning
- Views of The Victim
- Repeat Cautions
- Protection For Spent Cautions
- Procedure and Authorities
There are a range of formal out-of-court disposals available to the police and prosecutors for dealing with adult offenders. This guidance sets out the legal framework for dealing with low-level, mainly first-time, offending without a prosecution. A simple caution may only be given where specified criteria are met. The framework of the simple cauti...
Simple cautions provide a means of dealing with low-level, mainly first-time, offending without a prosecution.A simple caution must not be offered to a person who has not admitted to committing the offence, and must not be given to an offender who does not agree to accept the simple caution.A simple caution must not be given if the decision-maker considers that it is in the public interest for the offender to be prosecuted.A simple caution should not be confused with a conditional caution (a caution with conditions attached). Conditional cautions were introduced by the Criminal Justice Act 2003. Guidance on the condi...The MoJ Guidance states that “The simple caution scheme is designed to provide a means of dealing with low-level, mainly first-time, offending without a prosecution.” The following are pre-requisites: 1. The offender has admitted the offence; 2. The offender is willing to accept the caution; 3. There must be sufficient evidence to provide a realist...
Summary and Either-way Offences- Paragraph 15 of the MoJ Guidance states that: “The police may make the decision to offer a simple caution in relation to any summary or either-way offence without reference to the CPS, unless the Director’s Guidance on Charging requires the case to be referred to the CPS for a charging decision.” The exception in ca...
Simple cautions are available for any offence, although they are “primarily intended for low-level, mainly first time offending”. There are also statutory restrictions on their use in indictable-only and specified either-way offences (see below). An assessment of seriousness of the offence is the starting point for considering whether a simple caut...
Prosecutors are referred to the following discrete chapters of Legal Guidance which deal with Conditional Cautions:- 1. Adult Conditional Cautions (The Director’s Guidance) 2. Youth Conditional Cautions (The Director’s Guidance)
Before a simple caution (or a Conditional Caution is given) it is important to establish where appropriate and possible what the victim's views about the offence are and the proposed method of disposal. It will be important to consider the nature and extent of the harm caused and whether any form of compensation could be paid. If so, a Conditional ...
Section 17(4) of the Criminal Justice and Courts Act 2015 restricts the use of simple cautions for repeat offending. An offender must not be given a simple caution for a summary offence (an offence which, if committed by an adult, is triable only summarily) or an either-way offence that has not been specified by the Secretary of State if in the two...
Sections 49 and schedule 10 of the Criminal Justice and Immigration Act 2008 (CJIA) came into effect on 19 December 2008. From that date cautions, Conditional Cautions, reprimands and warnings (and from 8 April 2013 youth cautions and Youth Conditional Cautions) all became subject to the provisions of the Rehabilitation of Offenders Act 1974 (ROA)....
If a prosecutor decides that a caution is appropriate, where possible this should be discussed with the police before the case is referred back to them for the caution to be administered. The authority for the CPS to make a decision to caution (whether simple or conditional) is contained within s.37B (3) (b) of the Police and Criminal Evidence Act ...
Diversion, any of a variety of programs that implement strategies seeking to avoid the formal processing of an offender by the criminal justice system. Although those strategies, referred to collectively as diversion, take many forms, a typical diversion program results in a person who has been.
Feb 8, 2024 · A diversion program is an alternative sentencing option that allows a defendant charged with certain crimes to avoid a criminal conviction. Diversion or pretrial diversion may be available to people facing first-time arrests or non-violent misdemeanor offenses.
Police-led diversion programmes are discretionary interventions initiated by the police in response to individuals committing qualifying criminal offences.
Diversion from prosecution is a process by which the Crown Office and Procurator Fiscal Service (COPFS) are able to refer a case to social work – and their partners – as a means of addressing the underlying causes of alleged offending when this is deemed the most appropriate course of action.
Diversion is a broad term referring to “exit ramps” that move people away from the criminal legal system, offering an alternative to arrest, prosecution, and a life behind bars. Although incarceration was historically believed to improve public safety, research suggests that it is ineffective in doing so and has a minimal impact, if any ...
