Are You Fully Aware of the New Prosecution Guidelines for Conditional Cautions?

This entry was posted on Tuesday, May 31st, 2011 at 7:04 pm

Specialists in criminal defence, David Phillips & Partners Solicitors, are advising people to make sure that they are fully aware of the new guidelines for police issuing cautions for some criminal offences.

The leading criminal defence solicitors explain that in the past, suspects with few or no criminal convictions against them, could be warned with a conditional caution for that offence rather than being made to answer the charge in court; provided they had admitted the offending behaviour.

This conditional caution would have been delivered by a senior police officer in the form of a warning to that individual listing the consequences of their admitted behaviour. Each caution was recorded on their record of antecedents.

However, after a new code of practice that came into effect at the start of this year, David Phillips & Partners Solicitors are advising the public on the crucial changes to the way cautions are to be considered.

The national law firm advise that previously an offender was required to admit to any criminal behaviour before any conditional caution could be administered. New guidance for conditional cautions now mean that an admission is not required.

However, The Code for Crown Prosecutors still has to be fulfilled, making sure the prosecutor is satisfied that there is sufficient evidence available to prosecute for such an offence in any event.

Stuart Nolan, Partner at David Phillips & Partners Solicitors said: “It is important that people are aware of this new guidance for conditional cautions. Correct knowledge of the legal process for an allegation will help everyone to make sure they are appropriately prepared with strong criminal defence representation if such an opportunity arises .”

David Phillips & Partners Solicitors advise that although the guidelines may have changed, the approach to having appropriate and effective criminal defence representation should stay the same.