Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 100 is up to date with all changes known to be in force on or before 06 November 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 100:
- 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
100Deciding on the conditions
(1)
The conditions attached to a diversionary caution are to be decided upon by—
(a)
an authorised person, or
(b)
in a case where a prosecution authority has taken the decision that the caution should be given, the prosecution authority.
(2)
The conditions which may be attached to a diversionary caution are those authorised by—
(a)
section 101 (rehabilitation and reparation conditions),
(b)
section 102 (financial penalty conditions), and
(c)
section 103 (conditions relating to certain foreign offenders).
(3)
When deciding what conditions to attach to a diversionary caution the authorised person or prosecution authority must—
(a)
make reasonable efforts, or ensure that reasonable efforts are or have been made, to obtain the views of any victim or victims of the offence, and
(b)
take those views into account.
(4)
The views referred to in subsection (3) include in particular views as to whether the offender should carry out any of the actions listed in the community remedy document.
(5)
Where it is the view of the victim or all the victims that the offender should carry out a particular action listed in the community remedy document, the authorised person or prosecution authority must attach that as a condition unless it seems to the authorised person or prosecution authority—
(a)
the action is not one that can be attached as a condition to a diversionary caution, or
(b)
it would be inappropriate to do so.