Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 109 is up to date with all changes known to be in force on or before 02 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.
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PART 6Cautions
Community cautions
109Deciding on the conditions
(1)
The conditions attached to a community 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 community caution are those authorised by—
(a)
section 110 (rehabilitation and reparation conditions), and
(b)
section 111 (financial penalty conditions).
(3)
When deciding what conditions to attach to a community 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 community caution, or
(b)
it would be inappropriate to do so.