Adult Simple Caution Policy

Statement of Policy

Dyfed-Powys Police will use the National Cautioning Guidance which provides advice to the police and prosecutors on the use of the simple caution and in particular that simple cautions should be used for low level offending.  The National Guidance MUST be read in conjunction with this policy.

Applies (but not limited) to: All categories of Dyfed-Powys Police employees, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors) or seconded staff.   Any employee accessing and using Force assets and property must have due regard to the contents of this policy.

2. Policy Scope

There is a range of formal out-of-court disposals available to the police and the Crown Prosecution Service (CPS) for dealing with adult offenders. A decision to administer a simple caution needs to be taken in the context of all such disposals. Police officers and Crown Prosecutors should refer to the national framework on out-of-court disposals for assistance (MOJ website).

Officers are directed to guidance on Simple Cautions for Adult Offenders this can be found on the CJD Homepage.

This policy is applicable to:

• Operational officers
• Volunteers
• Police Supervisors
• Criminal Justice Department
• Crime Recording Bureau

3.  Powers and Policy/Legal Requirements

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) – this was effective as of 8 April 2013 and brought changes to the out of court disposals.

Rehabilitation of Offenders Act 1974 - Legislation which came into effect in December 2008 brought simple cautions within the ambit of the Rehabilitation of Offenders Act 1974 (“ROA”).

This means that simple cautions become spent immediately they are administered. This means that an individual does not need to disclose a simple caution when asked unless they are seeking work in an occupation that is listed in the Exceptions Order to the ROA such as working with children and vulnerable adults or for other excepted purposes such as seeking to obtain certain licences. Cautions will also be disclosed under Disclosure and Barring Service (“DBS”) standard and enhanced checks. Further information can be obtained from the DBS.

4.  Options and Contingencies

The Adult Simple Caution in Dyfed-Powys Police area is only to be used as a disposal in cases of Domestic Abuse and Hate Crime, all other types of crime must refer to the Adult Conditional Cautioning/Adult Community Resolution Guidance.

• It is the role of the investigating officer to gather evidence of the offenders’ guilt.
• It is the role of the Custody / Duty Sergeant or Duty Inspector to decide if the offender is suitable for a simple caution.
• Policy in relation to Domestic Abuse dictates a presumption in favour of charge. Any cautions for Domestic Abuse are to be authorised by an Inspector or above with clear rationale within the OEL on Niche.
• An offender must not be given a simple caution for specified either-way offences (see national caution guidance) unless a police officer of at least the rank of Inspector determines that there are exceptional circumstances relating to the offender or the offence.
• An offender must not be given a simple caution for an indictable-only offence unless a police officer of at least the rank of Superintendent determines that there are exceptional circumstances relating to the offender or the offence, and it is referred to the CPS who agree that a caution should be given.
• The authorising Inspector / Superintendent is required to record their name, and document the full rationale for the disposal decision, on the relevant custody record if applicable.
• If the offender is suitable for such a disposal it is the role of an officer of at least the rank of Sergeant to administer it.
• It is the role of the investigating officer to update the victim in accordance with the Victims Code of Practice, and to complete and submit the necessary documentation in relation to the offence / offender.

All of the new Code of Ethics principles apply to this policy -

• Courage
• Respect and Empathy
• Public Service

5.  Take action and review

Scrutiny Panels are held on a quarterly basis and ensure that the police are held accountable for their use of out of court disposals as well as providing assurance that difficult decision to administer such disposals are justified. The findings of scrutiny panels offer an effective feedback mechanism to police for organisational learning and to individual officers for training or development needs as well as identifying examples of good practice.

This policy is reviewed bi-annually to ensure that it remains effective, in line with national guidelines and policy and any challenges made.

Any amendments to this policy and the associated guidance document are implemented through the Criminal Justice Group and the Strategic Criminal Justice, Custody, Intelligence, Investigations, Firearms Licencing and Property Board.

CODE OF ETHICS CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.

HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.

EQUALITY IMPACT ASSESSMENT

Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.

The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:

• eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.

Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty. 

EQUALITY IMPACT ASSESSMENT COMPLETED: June 2024