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MEOIRYN SHEE-ELLAN VANNIN

ISLE OF MAN CONSTABULARY

Freedom of Information

December 2017

Our Ref: IM111345I

Dear

I write in connection with your request for information dated 23

November 2017, which was

received by this office on 23

November 2017. I note you seek access to the following

information:

In respect of the 3116 cautions issued between 2014 and October 2017 how many recipients of

cautions were advised that accepting a caution would result in a criminal record and provide

details of how those receiving cautions are advised of this fact.

Upon further communication this request was adjusted to request a copy of the cautioning policy

Following receipt of your request searches were conducted within the Isle of Man Constabulary to

locate information relevant to your request. I can confirm that the Isle of Man Constabulary hold

the information you have requested.

Please see the information at appendix 1.

Should you have any further inquiries concerning this matter, please write or contact quoting the

reference number above.

Yours sincerely

Inspector Mark BRITTON Ba(Hons), MSc, MCMI, CMgr.

Freedom of Information Officer

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1 Whether we have responded to your request for information in accordance with Part 2 of

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More detailed information on your rights to review is on the Information Commissioner’s website

at: https://www.inforights.im/

Appendix 1

Main Aim

This policy relates to the effective use of a Police Caution for adult offenders. For the

purposes of this policy only, an adult is defined as a person having reached the age of 18

(existing Youth Justice Team cautioning protocols will continue for juveniles and persons

aged 17).

The main aim of this policy is to:

1. Provide guidance on the use of Police Cautions for adult offenders to ensure their

effective use in the prevention and detection of crime.

2. Ensure greater consistency (decision to charge/caution) across Neighbourhood

Policing Teams and specialist departments of IOMC in the use of Cautions for adult

offenders;

3. Clarify how the Police and AGCPD responsibilities for Cautions are affected by the

Charging Guidance Scheme;

4. Give a clear guidance on the practical process of administering a Caution or dealing

with offers of Reparation, restitution and simple rehabilitation;

5. Emphasise the importance of accurate recording of Cautions with regard to the

possible impact on the individual offender, to help maintain public confidence, for

data collection purposes and provide a standard Caution pro forma for operational

use.

Background

A Police Caution is a long established non-statutory disposal for offenders who have

committed and admitted low level offences. The legitimate aims of the Cautioning process

are:-

 To deal with less serious offences quickly and simply.

 To divert offenders, where appropriate, from the courts (enabling offenders to offer

reparation, restitution and simple rehabilitation where appropriate).

 To reduce the likelihood of an offender reoffending.

UK legislation/guidance allows for Police Cautions without conditions (Simple Cautions) and

Police Cautions with conditions e.g. restitution/rehabilitation (Conditional Cautions).

Proposed ‘Conditional Caution’ legislation in the IOM has not yet (Mar 2012) been enacted.

A Police Caution in the IOM is the equivalent of the UK Simple Caution

It is recognised that the decision whether to charge an offender with an offence or to use

alternative disposals, including cautions, will usually have an element of subjectivity. As

such, no prescriptive decision making model exists.

Historically IOMC has followed good practice from neighbouring jurisdictions. This

document formally acknowledges that IOMC and AGCPD will take cognisance of the

Many of the UK resources draw a distinction between Conditional Cautions and Simple

Cautions. The relevant UK material for comparative purposes will always be those relating

to “Simple Cautions”.

following UK guidance documents (amended/localised where necessary) in relation to

decision making around the use of Adult Cautions:

 Home Office Circular 16/2008 – Simple Cautioning of Adult Offenders

- APPENDIX A

 Document incorporating The ACPO Gravity Matrix Factor for Adults - APPENDIX B

 The Guidance on Charging of the Director of Public Prosecutions (January 2011) –

APPENDIX C

 The Code For Crown Prosecutors – APPENDIX D

 (IOMC policy on Offences Taken into Consideration and DARS should also be

considered).

This document provides IOMC/AGCPD personnel with direction in the interpretation of these

guidance documents, taking into account the rights of the individual and balancing the use

of the cautioning procedure against the right of other individuals and the interests of the

community as a whole.

1. Introduction

1.1 The Caution may be used for all adults involving low level offences where the public

interest can be met by a Caution. Only in exceptional circumstances should it be

used to deal with more serious offences.

1.2 In such cases the administration of a Caution for a recorded offence will be treated

as a sanction detection and an offence brought to justice (OBTJ).

1.3 The accurate use and ethical recording of Cautions can contribute to improved public

confidence in the Criminal Justice System and contribute towards reducing the

likelihood of re-offending.

1.4 Cautions must be issued in accordance with the Director of Public Prosecutions’

Guidance on Charging which is intended to encourage consistency between Criminal

Justice Areas in the use of the Caution. Police officers retain the authority to issue a

Caution in all cases other than indictable only offences. These must be referred to

the AGCPD for a decision. There are categories of either way offences identified in

the ACPO Gravity Matrix which should be referred to the AGCPD.

1.4.1 Police officers can also take advice from the AGCPD at any stage in an investigation

on whether a Caution is appropriate, as set out in the Director’s Guidance on

Charging.

1.4.2 An offender has a right to free legal advice under the Police Powers and Procedures

Act 1998 after arrest and being held in custody at a police station, or if they attend a

police station voluntarily and are cautioned prior to interview but not arrested. An

offender who has not been arrested cannot be prevented from speaking to an

advocate but, unless at a police station, is not entitled as a matter of course to free

advice. PPPA requirements in relation to the provision of an Appropriate Adult for

mentally vulnerable offenders also apply where a Caution is being considered.

1.5 As Cautions are a non – statutory disposal, the Home Office has not set out definitive

rules on the circumstances in which Cautions are appropriate, however the guidance

indicates that Cautions should mainly be used where:

 It is appropriate to the offence and the offender and

 It is likely to be effective in the circumstances.

2. The Aims of the Caution are:

2.1 To deal with less serious offences quickly and simply where the offender has

admitted the offence.

2.2 To divert offenders from appearing in the criminal courts where appropriate.

2.3 To enable offenders to offer reparation, restitution and simple rehabilitation where

appropriate;

2.4 To reduce the likelihood of re-offending.

2.5 To record an individual’s criminal conduct for possible reference in future criminal

proceedings or relevant security checks.

3. Criteria for a Caution

3.1 In deciding whether a Caution is appropriate a police officer must consider:

3.1.1 Is the suspect 18 years or older? (If not consider reprimand and final warning

disposals via existing YJT procedures).

3.1.2 Has the suspect made a clear and reliable admission either verbally or in writing? A

Caution will not be appropriate where a person has not made a clear and reliable

admission of the offence (for example if intent is denied or there are doubts about

their mental health or intellectual capacity, or where a statutory defence is offered).

3.1.3 Is there a realistic prospect of conviction if the offender were to be prosecuted in line

with the Code for Crown Prosecutors, the Full Code Test? (A clear reliable admission

of the offence corroborated by some other material and significant evidential fact,

such as an eye witness statement, will be sufficient evidence to provide a realistic

prospect of conviction. There is no requirement to build a case file with continuity or

corroboration statements).

3.1.4 Is it in the public interest to use a Caution as a means of disposal? (Officers should

take into account the public interest factors set out in the Code for Crown

Prosecutors, The Full Code Test., in particular the seriousness of the offence.)

3.1.5 Is a Caution appropriate to the offence and the offender? (With reference to ACPO

Gravity Factors Matrix and the offender’s criminal history)

3.1.6 Has the offender offered to make reparation, restitution and simple rehabilitation

where appropriate?

3.1.7 If the offence is triable on Information only the case must be referred to a

Prosecuting Advocate for a decision).

3.1.8 If all the requirements are met, the offence may be suitable for disposal by way of

Caution. There are a range of out-of-court disposals available and a decision to

administer a Caution needs to be taken in the context of all possible disposals,

particularly the opportunity for the suspect to offer reparation, restitution or simple

rehabilitation.

Aggravating / Mitigating Factors

There may be aggravating or mitigating factors in the course of an offence which will

either increase or decrease its seriousness. The ACPO Gravity Factors Matrix assists

officers in deciding whether or not a Caution remains the most appropriate disposal.

3.2 Circumstances where a Caution cannot be considered

A Caution will not be appropriate where:-

 A person has not made a clear and reliable admission of the offence or has raised a

legitimate defence. This includes denial of intent, doubts about mental or intellectual

capacity.

However an admission that is qualified – where for example an offender

commits an offence while drunk but cannot remember the full circumstances – but

which is supported by other evidence e.g. CCTV or other witness statement(s) - may

be considered to be full and frank if the offender accepts what the evidence

discloses.

 Where someone refuses to accept a Caution;

 Where the offender is a serving prisoner or subject to prison recall.

 Where the offender is on court bail or subject to a court order at the time of the

offence. (In such cases prosecution bind over or offences being taken into

consideration may be more appropriate)

3.3 Integrity of the Cautioning Process

In order for there to be an auditable record of the admission of the offence the admission

must be recorded by any method, which is Police Powers & Procedure Act 1998 (PPPA)

compliant viz:

(a) An unsolicited admission made without any inducement or invitation to comment at

any time outside the context of an interview, recorded in writing and to which the

suspect has been invited to sign confirming its accuracy.

(b) An audio or visually recorded formal interview;

the suspect as an accurate record;

(d) A formal written statement under caution made by the suspect and signed by them

as accurate;

(e) A contemporaneous interview under caution signed as accurate by the suspect.

4. The Victim

4.1 A victim has no right to veto a legitimate decision to caution, in the same way that if

there is available evidence from a source other than the victim the victim cannot

insist that proceeding are discontinued, but public confidence can and will be

strengthened in the cautioning process if a victim is kept informed of the nature of

the process and the victim is entitled to express a considered view. Before a Caution

is given it is important to establish where possible:

1. The views of the victim about the offence (see below in respect of unsupported

prosecutions).

2. The nature and extent of any harm or loss and its significance to the victim’s

circumstances.

3. Whether the offender has made any form of reparation/compensation to the victim.

(Although this may not be appropriate in some cases, such as violence.)

Police officers should not become involved in negotiating or awarding reparation or

compensation.

If an offer of reparation, restitution or simple rehabilitation is made, the issue

should be addressed to a supervising officer. See below in the section “Reparation,

Restitution or Simple Rehabilitation”.

All of these factors are relevant to an assessment of whether it is in the public interest to

use a Caution as the means of disposal

4.2 Where the views of the victim are sought, care must be taken to ensure they are

aware that although their views will be taken into account, they will not necessarily

be conclusive to the outcome, and the final decision is at the discretion of the police

and/ or AGCPD.

4.3 If a Caution is determined to be the most appropriate disposal the reasoning should

be explained to the victim, together with the consequences of receiving the Caution

to the offender. Where a victim declines to support a Caution, because they do not

want any action taken this should not automatically result in ‘No Further Action’.

Officers need to consider wider public interest factors before disposing of the offence

in this way.

4.4 The victim must always be informed of the outcome. Where a Caution is

administered, informing the victim of this outcome will be the responsibility of the

investigating officer.

5. Other Considerations

5.1 Local and National records, such as CIS, PNC must be checked before a Caution is

administered to ensure that the criminal record, if any, of the suspect is known. This

will avoid inappropriate use of Cautions.

5.2 If a suspect has previously received a Caution (including a Conditional Caution from

the UK) then a further Caution should not normally be considered unless:

5.2.1 The subsequent offence is unrelated to any previous offences or trivial in nature, or

used as part of a mixed disposal.

5.2.2 A period of 2 years has passed since any previous caution, reprimand or final

warning indicating it had a significant deterrent effect.

5.2.3. If the offender has a previous conviction the current offence may still be considered

for a caution as long as it is not related to the offences for which the previous

conviction was received. The decision to use a Caution remains at the discretion of

the police / AGCPD but there should have been a significant time lapse between the

original conviction and any new offence before a Caution will be appropriate –

normally a minimum of 2 years.

5.3 The offender MUST be aware of the full implications of accepting a Caution BEFORE

doing so and give INFORMED CONSENT to that course of action. These must be

explained and provided in writing to the offender (a blank Caution form A/CAU-1 is

sufficient). The offender and their legal representatives are entitled to seek and

receive disclosure of the evidence before deciding to accept a Caution.

Under no circumstances should suspects be pressed or induced in any way to

admit offences in order to receive a Caution as an alternative to being charged.

Where a suspect does not give consent to receiving a Caution, the police may choose an

alternative disposal in accordance with the Director’s Guidance on Charging. Officers must

avoid any suggestion that accepting a Caution is ‘an easy option’.

6 The Suitability of a Caution

6.1 The decision regarding the suitability to administer a Caution should be made by:

(a) An officer of at least the rank of Sergeant normally from the NPT. The Custody

Sergeant (if offender is detained) must be satisfied that the criteria for a caution has

been met. In the event of a dispute, the Duty Inspector will arbitrate.

(b) The on-call prosecutor for indictable only or other specified offences or for other

matters referred to him/her.

6.2 Once the determining officer is satisfied the criteria for administering a Caution have

been met they should consider:

6.2.1 Is the offender aged 18 years or over and is there a clear and reliable admission?

6.2.2 Is there a realistic prospect of conviction using the Full Code Test?

6.2.3 Is a Caution an appropriate disposal taking into account the offence and the

offender?

6.2.4 Is it in the public interest to administer a Caution?

6.2.5 The public interest may be determined by considering:

Are there any aggravating factors? And are there any mitigating factors?

Prosecution decisions should take into account the ACPO National Gravity Matrix as

amended/localised. This is updated from time to time, and available on Sharepoint.

6.3 The determining officer must fully complete the Suitability Decision Making Form

(A/CAU-2) evidencing their decision to ensure the record can be retrieved if required

during subsequent proceedings or as part of an audit. Prosecutors may be asked for

advice on the suitability of using a Caution disposal at any time. However only the

AGCPD can make the decision on whether an indictable only offence is suitable to be

dealt with by means of a Caution.

The AGCPD may instruct a Caution to be issued in any case where the criteria are

met. This decision is binding on the police.

6.4 Unsuitability for a Caution

6.4.1 Where a caution has been considered but rejected and the offender is charged, the

reasons for the rejection of a caution MUST be recorded and repeated in full in the

“Additional Information” document that is included in the Court file. This is

particularly vital if the rejection has been after consultation with a prosecutor who

also must be identified in the “Additional Information” document. If the rejection has

not been after consultation with a prosecutor but the prosecutor at Court considers

that the issue should be reconsidered, the Prosecutor will, if the Court permits, ask

for the case to be adjourned to enable further consideration. It may occur that the

Court will not permit an adjournment and, if so, the prosecutor may have to make an

urgent decision to caution. If so, the prosecutor will provide a written explanation for

the decision. The prosecutor will also invite the Court to adjourn for a short period to

enable the prosecutor to have the staff at AGCPD communicate with the OIC and/or

NPT and inform the victim lest the victim learns first of the decision in the local

media.

7 Offering the Caution

7.1 Once determined as an appropriate disposal, the suspect should be offered a

Caution. The significance of agreeing to a Caution must be fully and clearly explained

to the offender before they are given the Caution (listed on Caution form A/CAU-1).

7.2 The suspect must understand:

7.2.1 A Caution is not a form of sentence (which only a court can impose).

7.2.2 It is an admission of guilt and while not a criminal conviction, will form part of their

criminal record.

7.2.3 There is sufficient evidence to prosecute them for the offence(s).

7.2.4 That the Caution is intended for them to rectify their future behaviour.

7.2.5 That a record of the Caution will be kept and that it may influence any future

decision to prosecute them should they come to Police notice again.

7.2.6 A court may be informed of the Caution in any future proceedings.

7.2.7 A Caution will appear on a subject access request made by the offender under the

Data Protection Act 2001 and will be recorded on the Isle of Man Constabulary

database and on the Police National Computer.

7.2.8 It may also be disclosed for employment vetting purposes, including suitability to

work with children, licensing purposes or to inform judicial decisions.

7.2.9 If requested by the victim, for the purposes of Civil Proceedings, the offender’s name

& address may be disclosed to them.

7.3 For Sexual Offences listed in Part 1 and Schedules 1-3 of the Criminal Justice Act

2001 the suspect MUST understand that they will become a ‘relevant offender’ and

may become subject to the notification and registration requirements of Schedule 1

of the Act. (Placed on the Sex Offenders Register for such period as is put forward by

the Department of Home Affairs from the date of the caution). C543 Sex Offender

Registration Forms, available on the PPU Home Page, must be completed

prior to release.

7.4 A Caution can only be administered if the offender accepts this disposal. If the

suspect refuses the offer of a Caution an alternative disposal will be necessary.

7.5 Suspects should be allowed time to consider the offer, and take legal advice if

necessary.

7.6 The Duty Inspector with experience of cautioning will be available for advice.

7.7 Where the final disposal has not been determined, for example because the offender

has not confirmed a willingness to accept a Caution where one is an appropriate

disposal, offenders may be required to return at a later date to enable the Caution to

be delivered, or to be charged as appropriate.

8. Administering a Caution

8.1 Following a clear and reliable admission, completion of the decision making form for

the administration of a Caution indicating it is an appropriate disposal, and

acceptance of this disposal by the offender, the Caution should be administered by a

person who is suitably trained, if available. It should incorporate aspects of

conferencing i.e. ensuring that the offender is confronted with the consequences of

the offending behaviour and its impact upon the victim and / or community.

8.2 Where such a trained officer is not available, the release of the offender should not

be delayed. In such circumstances the custody officer shall deliver it.

8.3 Cautions should normally be administered in Police Stations or at the Court House

however in exceptional circumstances they may be administered in another suitable

place e.g. the home of an elderly person or vulnerable person in the presence of an

appropriate adult. The Caution shall be deemed to have been administered only

when the offender has signed a form, which makes clear the implications for

accepting it. The offender should be given a copy of this.

8.4 The offender must sign the A/CAU-1 form to accept the Offer of the Caution. This

must also be signed by the officer administering the Caution.

8.5 Accurate recording is essential to minimise multiple cautioning of offenders. Cautions

must be recorded on the local custody system and national information systems.

8.6 A Caution is not an appropriate method of disposing of offences where an offender is

serving a custodial sentence for other offences and will not be used for PPOs or

PYOs.

Particular Offence Types

There will always be cases in which it is not in the public interest to prosecute and in these

circumstances it is preferable that an offender is cautioned rather than no further action

taken.

9. Prosecution unsupported by the victim – Violence against the Person

9.1 Generally the Caution is not appropriate for the most serious violence against the

person offences. However where an offence of personal violence is NOT

accompanied by any aggravating factors and where the victim does not support a

prosecution, the offence may be suitable for disposal by Caution provided all other

criteria are met.

Domestic Violence

9.2 Positive action should be taken throughout the entirety of cases of domestic violence

to ensure the safety and protection of the victims and children while allowing the

Criminal Justice System to hold the offender to account. This includes gathering

alternative evidence in order to build a prosecution case that does not rely entirely

on the victim’s account.

9.3 Where officers experience difficulty in securing a charge or summons of the offender

because the victim does not want to proceed with a prosecution, the use of a

Caution in preference to No Further Action, as a potential disposal where all other

criteria are met will be an appropriate disposal even if the offender has previous

convictions or cautions that would normally exclude them from this option.

(Paragraphs 36 & 47 Home Office Circular 30/2005).

Harassment

The three considerations for Cautioning in harassment cases are that:

1. Administering a Caution may render all conduct on which the caution is based

inadmissible as evidence towards a course of conduct should this continue

subsequently, and

2. Since a restraining order may only be issued by a court, the only way in which a

victim would be protected against future conduct would be by seeking an anti-

harassment injunction from a civil court.

3. An offer to attend an anger management course or to attend Relate may be

incorporated into an offer of rehabilitation under paragraph 14 below.

In cases of aggravated harassment a prosecution should be pursued.

10 Prosecution unsupported by the victim - other offences

10.1 Where an offence (other than violence against the person or domestic violence) has

been committed but the victim declines to support a prosecution

and there is no

other admissible corroborating evidence

the victim must be informed by the

officer in the case that without support for a prosecution there will be no further

action taken.

11 Deviations from the general principles

11.1 The Isle of Man has different penalties and other sentencing provisions not

applicable in the rest of the UK. In particular, the Island has provision for the

exclusion of non-residents and Licenced Premises Banning Orders. If there are

factors that would, in the public interest, require one of these disposals, these may

very well not make a case suitable for a caution. For example, if an offender would

not be eligible for a work permit and has no legitimate source of income, he would

only be able to subsist by committing crime. In those circumstances, the public

interest would require a prosecution. The variables in this type of situation are

infinite. If in doubt, consult a prosecutor.

11.1.2 In a small Island, with a homogeneous population, criminal behaviour, particularly

public order matters, can quickly escalate. Public awareness follows very quickly, and

there can be immense public anxiety within a short time frame. Police action to

address this can be a focussed targeting of the issue and, where appropriate, a zero

tolerance policy to deal with a particular issue or to prevent it escalating. Such a

policy must have clear objectives and parameters; it must have been formulated by

the NPT Inspector and agreed in consultation by the Director of Prosecutions or the

Senior Prosecuting Advocate. It must have a fixed period and a clear cut off period

(although this can be extended by agreement between the NPT Inspector and the

Director of Prosecutions or the Senior Prosecuting Advocate). The extent of the

action will be communicated by the Director of Prosecutions or the Senior

Prosecuting Advocate to the High Bailiff, the Deputy High Bailiff, the Clerk to the

Justices and the Chairman of the Bench.

11.2 Custody Sergeants have the authority to determine the most appropriate method of

dealing with adult offenders.

11.3 If the adult offender is elderly or infirm, otherwise at risk or mentally disordered the

Custody Sergeant must consider the public interest of a prosecution. In doing so the

Custody Sergeant may determine that prosecution, in accordance with this policy

should be replaced by a Caution. The older or more infirm a person the less

likelihood there should be of a prosecution. Fitness to stand trial must be a

consideration. Where the strain of a prosecution might well prove fatal or where the

person is suffering severe physical illness a prosecution may not be in the public

interest. Mentally Disordered Offenders should be dealt with under the force

protocols and special arrangements for Mentally Disordered Offenders.

11.4 In any such circumstance, where an outcome deviates greatly from the main

principles of this policy, the OIC should consider consulting an officer of the rank of

at least inspector and seek approval for that course of action prior to delivery of the

Caution.

11.5 Where authority is given, a further Caution will be issued in accordance with the

above and, the approval of the authorising officer will be recorded.

12. Group and Multiple Offences

12.1 The experience and circumstances of offenders involved in group offending can vary

greatly, as can their degree of involvement. Consistency and equity are important

considerations in the decision as to how to deal with a case but each offender should

be considered separately and different disposals may be justified. Where multiple

related offences are considered, the decision to issue a Caution or prosecute should

be based on the most serious of those offences. It is advisable to consult the AGCPD

and consider all the cases in the round.

13. Mixed Disposals

13.1 It is possible to use mixed disposals where an offender has committed multiple but

unrelated offences as part of the same incident. Depending on the nature of the

offence, other disposal options are also available, such as pursuant to the Drug and

Alcohol Referral Scheme.

13.2 Any decision on issuing a Caution as an element of a mixed disposal should be

considered with regard to the Director's Guidance. As with all other charging

decisions, once the case is passed to the AGCPD then the decision on disposals for all

offences rests with the AGCPD and must be complied with.

14. Reparation, Restitution and Simple Rehabilitation

14.1.1 The Isle of Man does not have a law permitting the Police to offer conditional

cautions and UK material relating to Conditional Cautions is, therefore, inappropriate

and can mislead.

14.1.2 However, there will be numerous instances where an offender, as part of his

admission, can or will offer some form of reparation, restitution or simple

rehabilitation. This may include (but is in no way limited to):

(a) The repair of damage;

(b) Payment to make rectification or repay damage (if the actual repair is beyond

the scope of the offender);

(d) The offer to attend for treatment or training where, for example, the offender

has taken to drink or overdosing prescribed medication or, conversely has

stopped taking medication.

(e) An offer to attend programmes on, for example, anger management, alcohol

awareness, driver awareness or the like;

(f) An offer to attend Relate or seek some other form of assistance in

relationships;

(g) A promise to stop telephoning, or texting, or putting Facebook entries about

someone;

(h) An offer to pay ancillary costs, e.g. FMA’s call out fee or Cell Defilement costs.

THE CATEGORIES OF SUITABLE REPARATION RESTITUTION AND REHABILITATION ARE

NOT LIMITED TO THOSE SET OUT ABOVE AND ARE HUGELY VARIED. WHAT IS A

SUITABLE OFFER OF REPARATION RESTITUTION OR REHABILITATION MUST BE ASSESSED

ON A CASE BY CASE, COMMON SENSE BASIS.

14.1.3 Under no circumstances should officers indicate or imply that an offer of

reparation, restitution or simple rehabilitation will make the difference between the

offer of a caution or the institution of criminal proceedings.

14.1.4 If, however, the offer of reparation, restitution or simple rehabilitation has been

freely made AND the offer of reparation, restitution or simple rehabilitation would

make a caution an appropriate disposal, the offer of reparation, restitution or simple

rehabilitation must be addressed. If the offer of reparation, restitution or simple

rehabilitation would permit the offer of a caution, the safeguards in relation to victim

consultation etc set out above must be complied with before the caution with

reparation, restitution or simple rehabilitation is offered.

If the reparation, restitution or simple rehabilitation can be achieved in a relatively

short period, the offender should be invited to complete what has been offered and

return to the Police Station for the completion of the necessary paperwork. Form

A/CAU-3 is appropriate where reparation, restitution or simple rehabilitation HAS

taken place.

It is important to remember:

(i) that all parties clearly understand what work has been offered,

(ii) that the terms of the offer are reduced to writing, and

(iii) that the reparation, restitution or simple rehabilitation has been checked to

ensure it has been completed as agreed.

This is clearly obvious if it were to be the case that the reparation, restitution or

simple rehabilitation was not completed and the case then proceeded in the Criminal

Courts. A Defendant, in the absence of clear terms as to what had been agreed,

could argue that the proceedings were an abuse of process because the Police had

reneged on a promise.

14.1.5 If the offer of reparation, restitution or simple rehabilitation consists of an offer of

future conduct, this should be incorporated into a signed Acceptable Behaviour

Contract (An ABC) with absolute clarity as to what the offender has agreed to do.

REMEMBER:-The Police cannot enforce an ABC-it is in reality a declaration of intent by the

offender- but it is the best possible evidence that criminal behaviour has been acknowledged

and that the offender acknowledges the need to address the behaviour. The breach of an

ABC will invariably be something that can be referred to at a sentencing hearing for any

future offence and in certain circumstances may be admissible in a trial.

15. Supplemental

15.1 Financial implications/Best Value

The financial implications of this policy are that offenders will be diverted from the Criminal

Justice Process saving costs in terms of the processing of offenders, preparation of case

papers and court time. The time taken to consult on a caution before charging will save

more time in the long run.

There are no additional financial implications.

15.2 Human Resources/Training

This policy ensures a consistent approach to dealing with less serious crime.

Training requirements are minimal.

Policy adoption can be publicised through Force Orders.

15.3 Diversity

This policy does not have the potential to impact adversely upon any particular grouping,

within the police service or society.

15.4 Consultation

The formulation of this policy has included consultation with the Chief Constable and the

Director of Prosecutions.

15.5 Human Rights Considerations/Certification

Auditing for potential interference and discrimination

This policy deals with the cautioning of adult offenders and, as such, may engage the

following Articles of the Human Rights Act 1998:

Article 5: right to liberty and security of the person;

Article 6: right to a fair trial;

Article 7: no punishment without law;

“In the application of this policy the Isle of Man Constabulary will not discriminate against

any persons regardless of sex, race, colour, language, religion, political, or other opinion,

national or social origin, association with national minority, property, birth, or other status as

defined under Article 14, European Convention Human Rights (ECHR)”

Key Human Rights Principles

The legitimate aims in respect of this policy, for interfering with an individual’s rights, have

been identified and considered as necessary for the following reasons:

1. Public Safety and / or Economic wellbeing to the Island

2. Prevention of disorder and crime

3. Protection of the rights or freedoms of others.

This policy provides Police Officers and Prosecutors with clear guidance on establishing:

1. The legal basis of cautioning;

2. The aims of cautioning policy;

3. Whether their actions are justified and proportionate in seeking to achieve their

aim(s);

4. The need to document clearly the decision-making processes and outcomes of their

action.

15.6 Guidance/Procedures

Risk Assessments and Health and Safety considerations

All persons detained in accordance with Code C PPPA Codes of Practice will be subjected to

a standard risk assessment process, by the Custody Officer, to ensure risks to themselves,

police employees and other are identified at the earliest stages and control measures

implemented as appropriate.

Guidance and Procedures

Police Officers should always be able to justify the use of the caution as a disposal option by

having a legal and objective basis for their decision. Such decisions should be proportionate

to the circumstances of the offence, victim impact, and criminal history of the subject.

The actions of officers must be legal, reasonable, necessary, justifiable, and proportionate to

the circumstances.

The officer will also make a record of the use of the caution in the custody record recording

any relevant decision making reasoning. In any area of doubt or uncertainty, matters

should be referred to the on-call prosecutor at the Criminal Prosecutions Division.

Individual Roles and Responsibilities

It will be the role of the investigating officer to gather evidence of the detainee’s guilt.

It will be the role of the NPT Sgt/supervisor or duty Inspector to decide if a detainee is

suitable for a Caution.

If the detainee is suitable for such a disposal it will be the role of an officer of at least the

rank of Sergeant to administer it. .

It will be the role of the investigating officer to update the victim in accordance with normal

practice, and to complete and submit the necessary documentation in relation to the

offence/offender.

Administration

The reporting officer will complete an Adult Caution Form (A/CAU-1) and forward it with

supporting documentation to Police Records Department

15.7 Promotion/Distribution

Promoting the policy to achieve understanding, awareness, involvement, support and

commitment will be via SharePoint/Force Orders

15.8 Monitoring Review

Monitoring

The requirements for any ongoing monitoring will be dependant upon changes in Home

Office guidance or legislative change. Interim monitoring will take place on a sixth monthly

basis for the first 2 years then annually.

Review

The next formal review will be in September 2012 to consider:

1. Its effectiveness

2. Any changes to legislation / Home Office Guidance;

3. Challenges to the policy;

4. Any identified inefficiencies in relation to implementation