Police cautions are to be abolished in three parts of the country from Monday under a pilot project aimed at replacing them with more punitive sanctions.
If successful, the new system of community resolutions and suspended prosecutions will eventually replace the almost 400,000 cautions delivered by officers in England and Wales every year.
The Ministry of Justice said the reform would bring “an end to soft cautions” following criticisms that too many offenders were escaping any form of punishment.
The justice secretary, Chris Grayling, said: “It isn’t right that criminals who commit lower-level crime can be dealt with by little more than a warning. It’s time we put an end to this country’s cautions culture.
“Every crime should have a consequence, and this change will deliver that. Under the new system we are introducing, offenders will face prosecution if they fail to comply with the conditions set by the police, so that no one is allowed to get away with the soft option.
“This new approach will empower victims and give them a say in how criminals are dealt with, as well as making it easier for officers to deal with more minor offences.”
Under the new system, victims will be given a say in how first-time offenders serve their punishment and offenders may be sent on rehabilitation courses. Those who refuse to accept a notice will still have the option of going to court.
There are currently six categories of caution: conditional caution, simple caution, penalty notice for disorder, cannabis warning, khat warning, and community resolution. In the 12 months to March this year, 391,171 were handed out.
The number of cautions has mushroomed over the past decade but has declined more recently. In 2007, around 650,000 cautions were issued, triggering claims that criminals were avoiding court.
The two new notices – the statutory community resolution and suspended prosecution – are intended to simplify the system. Police in Staffordshire, West Yorkshire and Leicestershire will start using them next week for a 12-month trial period.
Lynne Owens, the chief constable of Surrey who is the national policing lead on out of court disposals, said: “The current out of court disposals framework has developed organically over a number of years and is complex as a result. Any reform must aim to simplify it in order to assist public understanding and reduce bureaucracy.
“The pilots seek to test a new approach which gives officers and staff the discretion to deal with cases appropriately. It will engage the victim in the process and require offenders to take responsibility for their actions.”
Under the new two tier system, the community resolution punishment will be aimed at dealing with minor offences by first-time offenders. It will allow victims to have a say in how they want an offender to be dealt with. It could involve delivering a verbal or written apology to the victim or making reparations – possibly fixing any damage caused or paying compensation.
The suspended prosecution, for more serious offending, will allow the police to attach conditions. It will result in an offender receiving a fine or being required to attend a rehabilitation course.
