Section 23: The five requirements

Criminal Justice Act 2003 · 2003 c. 44View on legislation.gov.uk

Part 3: Conditional cautions

The first requirement is that the authorised person has evidence that the offender has committed an offence.

The second requirement is that a relevant prosecutor or the authorised person decides—

that there is sufficient evidence to charge the offender with the offence, and
that a conditional caution should be given to the offender in respect of the offence.

The third requirement is that the offender admits to the authorised person that he committed the offence.

The fourth requirement is that the authorised person explains the effect of the conditional caution to the offender and warns him that failure to comply with any of the conditions attached to the caution may result in his being prosecuted for the offence.

The fifth requirement is that the offender signs a document which contains—

details of the offence,
an admission by him that he committed the offence,
his consent to being given the conditional caution, and
the conditions attached to the caution.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.