Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 101 is up to date with all changes known to be in force on or before 29 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.
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PART 6Cautions
Diversionary cautions
101Rehabilitation and reparation conditions
(1)
Conditions with one or both of the objects in subsection (2) may be attached to a diversionary caution.
(2)
The objects are—
(a)
facilitating the rehabilitation of the offender;
(b)
ensuring that the offender makes reparation for the offence.
(3)
The conditions which may be attached to a diversionary caution for the objects referred to in subsection (2) include—
(a)
restrictive conditions,
(b)
unpaid work conditions, and
(c)
attendance conditions.
(4)
A restrictive condition is a condition requiring the offender—
(a)
not to meet or communicate with specified individuals;
(b)
not to be in, or go to, specified addresses, places or areas in the United Kingdom;
(c)
not to carry out or participate in specified activities;
(d)
not to engage in specified conduct (which may include conduct constituting a criminal offence).
(5)
An unpaid work condition is a condition requiring the offender to carry out unpaid work of a specified description for a specified number of hours, which may not exceed 20.
(6)
An attendance condition is a condition requiring the offender to attend a specified place—
(a)
for a specified purpose, and
(b)
for a specified number of hours, which may not exceed 20 where the condition only has the object referred to in subsection (2)(b).
(7)
Where an attendance condition requires the offender to attend somewhere for the purpose of participating in any education or training, or receiving any other service, the attendance condition may also require the offender to pay for the reasonable cost of the provision of the education, training or service to the offender.
(8)
(9)
A condition authorised by this section may—
(a)
contain further details as to how it must be complied with (including the times at or between which something must or must not be done);
(b)
provide for those details to be supplied, after the giving of the caution, by a specified person or a person of a specified description.
(10)
A condition authorised by this section may not require a person to remain at their own or anyone else’s residence for any period of time.
(11)
In this section “specified” means specified in the caution.