Grayling launches review of cautions

Justice secretary Chris Grayling has today launched a review into the use by police of cautions, particularly for serious offences and repeat offenders.

Former justice secretary Jack Straw announced a similar review in November 2009, but it was overtaken by events when Labour was replaced by the coalition government the following spring.

The Magistrates Association, which has campaigned against the use of out-of-court penalties, welcomed the move.

"Over the past couple of years the association has collated and examined statistics to show that these out-of-court disposals have been used for violent and sexual offences and for other serious offences such as burglary," a spokeswoman said.

"There are offenders who have repeatedly been given cautions who should have been brought to court. To date there has been no transparency or scrutiny for the public to be confident that this form of justice served by the police is appropriate and proportionate."

The spokeswoman added that the use of cautions by different police forces varied widely, leading to a risk of 'postcode justice'.

MoJ statistics show that 205,700 cautions were issued in the 12 months ending September 2012, 12.5 per cent fewer than the previous 12 months.

Grayling said that while the government would not remove police officer discretion, the public and victims had the right to expect that people who committed serious crimes should be brought before a court.

"I also have grave concerns about some recent cases where cautions have been given to criminals who have committed multiple crimes.

"This review is a significant step to ensuring cautions are used correctly and in the interests of justice."

The Magistrates Association passed a motion condemning the "inappropriate use of out-of-court disposals" at its AGM in November 2008.

The following November Straw said the Office of Criminal Justice Reform would review the use of cautions and penalty notices for disorder.

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