Commentary on Sections Part 6: Alternatives to Prosecution Chapter 2 - Conditional cautions Section 72: The five requirements
This section sets out the requirements that must be met for a conditional caution to be issued. The first requirement is that the authorised person has evidence that the offender committed an offence other than an offence triable only on indictment. The second is that a Public Prosecutor decides there is sufficient evidence to charge the offender with the offence and that a conditional caution should be given to the offender. The third is that the offender admits to the authorised person that they committed the offence. The fourth is that the authorised person explains the effect of a conditional caution and that failure to comply may result in the offender being prosecuted for the offence. Finally the offender must sign a document detailing the offence; admitting the offence; consenting to be given a conditional caution; and outlining the conditions attached to the caution.