Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 99 is up to date with all changes known to be in force on or before 18 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 99:
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 6Cautions
Diversionary cautions
99Giving a diversionary caution
(1)
An authorised person may give a diversionary caution to a person aged 18 or over (“the offender”) in respect of an offence if the following requirements are met.
(2)
The requirements are that—
(a)
an authorised person or a prosecution authority decides—
(i)
that there is sufficient evidence to charge the offender with the offence, and
(ii)
that a diversionary caution should be given to the offender in respect of the offence;
(b)
the offender admits having committed the offence;
(c)
the offender consents to being given the caution;
(d)
an authorised person—
(i)
explains the effect of the caution to the offender, and
(ii)
in particular, warns the offender that failure to comply with any of the conditions attached to the caution may result in prosecution for the offence;
(e)
the offender signs a document which contains—
(i)
details of the offence,
(ii)
the offender’s admission to having committed the offence,
(iii)
the offender’s consent to being given the caution, and
(iv)
the conditions attached to the caution.
(3)
But if the offence is an indictable-only offence, the authorised person may not give a diversionary caution to the offender except—
(a)
in exceptional circumstances relating to the person or the offence, and
(b)
with the consent of the Director of Public Prosecutions.
(4)
A diversionary caution may not be given in respect of an offence committed before the coming into force of this section.
(5)
The power to give a diversionary caution under subsection (1) is also subject to regulations under section 117 (restrictions on multiple use of cautions).