Commentary on Sections Part 6: Alternatives to Prosecution
This Part provides for two new diversionary disposals - penalty notices and conditional cautions - aimed at dealing effectively with minor offences outside the court room. They may be offered to offenders as an alternative to prosecution in suitable cases but offenders retain the right to ask to have their case heard at court instead.
Penalty notices are for first-time or non-habitual offenders committing a prescribed offence. Paying the notice within 28 days discharges their liability for that offence. They are issued by the police without a direction from the Public Prosecution Service (PPS). There are 7 eligible offences which are listed in Schedule 4 (below). Offences attract either £40 or £80 penalties. Where recipients take no action within 28 days of the issue of the penalty, its value is uplifted by 50%, registered as a court fine and enforced through existing court fine default arrangements.
The PPS is currently able to direct the issue of an unconditional caution (by police or Departmental officials) as a disposal in suitable cases. The conditional caution provisions will enable prosecutors to attach rehabilitative and reparative conditions to a caution with which the offender must comply or face reconsideration of prosecution for the original offence. This disposal is to be used for individuals who might willingly avail of the opportunity to begin addressing any issues underpinning their offending behaviour in order to minimise their risk of re-offending. Rehabilitative conditions will include for example attendance at relevant programmes whilst reparative conditions may include an oral or written apology to a victim or other reparative activity to make good the harm caused.