Written evidence to be reported to the House

Part of Criminal Justice and Immigration Bill – in a Public Bill Committee at 5:15 pm on 16 October 2007.

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Adele Kirkwood: The only other issue that I would raise on conditional cautioning is that you could have a situation in which a person fails to comply with the conditions and ends up before a court. Under the Bill, the CPS will decide those conditions. A person might never appear before a court for the original conditional cautioning offence, because the decision has been made by the CPS and the police enforce its decision. If there is a failure to comply, a person could end up before, and receive a sanction from, the court, without the court knowing of their substantive original offence. In such a case, the court would be dealing with the cautioning, which is why we would like a move toward making magistrates the people who set conditions.