Crime Solicitors

Justice Secretary Chris Grayling has announced that police cautions are to be scrapped in England and Wales, to make sure criminals are not made to feel they are getting away “scot free”.

BBC News reports that in the future those committing minor crimes will receive a formal warning.

In cases of more serious offences, failure to comply with the conditions set out by police in a formal warning would mean an individual could end up in court for an offence. More serious crime might also be dealt with using a suspended prosecution.

Formal warnings would also involve those who commit minor offences repairing any damage caused – or paying compensation. The victim will also be given a say in how offenders are dealt with – currently victims of crime can submit a victim impact statement to the court when the case comes to trial. The changes mean victims will now have a say even if the case is not referred to the courts.

As well as paying compensation or repairing damage caused, offenders may also have to write a letter of apology to their victim or apologise in person.

Mr Grayling said the changes were intended to make the system for dealing with minor offences tougher but simpler.

From this month, police forces in Staffordshire, West Yorkshire and Leicestershire will be trialling the scheme for a year before it is rolled out across England and Wales.

Mr 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. I think 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."

Paul Ford of the Police Federation of England and Wales said that, although the changes were “great”, he was unsure how the new system would work.

Under the system, out-of-court disposals – such as warnings over cannabis offences or penalties for disorder – will be replaced by the incoming two-tier system of dealing with minor offences. Simple cautions and conditional cautions will also be replaced – and first-time offenders committing a minor crime would face the new statutory community resolution.

Mr Grayling said:

“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."

National policing lead on out-of-court disposals, Chief Constable Lynne Owens, said the reforms should “reduce bureaucracy and help increase public understanding”.

The Magistrates’ Association has also welcomed the changes. Chairman Richard Monkhouse said:

"We have pressed hard for a simplification of cautions, so this pilot is welcome – especially in empowering victims.”

Duncan Lewis Crime Solicitors

Duncan Lewis crime solicitors are able to advise at any stage of a criminal charge – and are available 24/7, 365 days a year.

Duncan Lewis crime solicitors regularly visit police stations, courts and prisons to advise on criminal charges – including youth courts and Young Offender Institutions.

In London and the southeast, there are six Duncan Lewis offices and a criminal defence solicitor can be with you within 45 minutes.

For expert legal advice on criminal charges and representation for interview under caution, call Duncan Lewis crime solicitors on 020 7923 4020.