HOC 16/2008 Simple Cautioning of Adult Offenders

This circular replaces HOC 30/2005. It should be applied to all decisions relating to simple cautions from July 10, 2008, regardless of when the offence was committed.

The circular:

• Provides guidance to police and prosecutors on the use of the simple caution.
• Reminds police and prosecutors that simple cautions should generally only be used for low-level offending.
• Clarifies how the Statutory Charging Scheme affects police and CPS responsibility for simple cautions.
• Gives an outline of the process of administering a simple caution.
• Emphasises the importance of accurate recording of simple cautions.
• Provides a standard proforma for operational use.

The simple caution is a non-statutory disposal which may be used when specified public interest and eligibility criteria are met.

It is only to be used when the suspect has made a clear and reliable admission of the offence and has not otherwise raised a defence.

The circular sets out that, for a simple caution to be available, the following criteria must have been met:

• The offender must have made a clear and reliable admission of the offence.
• There must be a realistic prospect of conviction is the offender were to be prosecuted (in line with the full code test in the Code for Crown Prosecutors).
• It must be in the public interest to use a simple caution as the means of disposal (the public interest factors in the full code test in the Code for Crown Prosecutors should be taken into account, in particular the seriousness of the offence).
• The suspect must be aged 18 years or older at the time the caution is to be administered.
• The simple caution must be appropriate to the offence and the offender (reference is to be made to ACPO’s Gravity Factors Matrix and the suspect’s criminal history).

If the offence in question is indictable only, the case must be referred to the CPS for a decision.

The circular notes that a simple caution will not be an appropriate disposal where:

• The suspect has not made an admission of the offence or has otherwise raised a defence to the offence.
• The suspect refuses to accept the simple caution.
• Where the offence is committed by a serving prisoner, a person subject to prison recall or a person on court bail or subject to a court order.

Before administering a simple caution an admission of guilt is required.

The obtaining and recording of this admission must be PACE compliant.
If appropriate and possible the views of any victim about the offence and the proposed method of disposal, the nature and extent of any loss and its significance to the victim, as well as whether the offender has made reparation or paid compensation, must be established before issuing a simple caution.

Other considerations to make include whether the suspect has a criminal record, whether they have been made aware of the significance of a simple caution, whether the suspect has given informed consent to being cautioned and whether the offenders legal rights have been met.

The circular notes that when considering the suitability of an offence for disposal by simple caution, the decision should be referred to an officer of at least sergeant rank for approval.

The officer may be a custody officer, but must not be connected to the investigation of the offence.

The officer must sign the custody record or other suitable documentation to say that they have approved the simple caution as the appropriate method of disposal.

Also included in the circular are the following:

• The consequences to the offender of receiving a simple caution.
• Administering a simple caution.
• Recording the caution.
• Returns to the Ministry of Justice/ Home Office.
• Group and multiple offences.
• Mixed disposals.
• Particular offence types and the appropriate