Part 6: Cautions Section 99: Giving a diversionary caution
Section 99 establishes the process and requirements for giving a diversionary caution, and sets out those requirements at subsection (2)(a)-(e). Those requirements are that an authorised person or prosecution authority decides that there is sufficient evidence to charge the offender with the offence and that a diversionary caution should be given to the offender, that the offender admits the offence and that they accept the caution. An authorised person must explain the effect of the caution to the offender and warn them that non-compliance may result in prosecution for the offence. The offender must also sign a document that contains details of the offence, their admission to having committed that offence and their consent to both being given the caution and the conditions attached to that caution.
	Subsection (3) limits the ability of the authorised person to give a diversionary caution to an offender when the offence is an indictable only offence unless there are exceptional circumstances relating to the person or the offence and the Director of Public Prosecutions consents to the giving of the diversionary caution. Subsection (4) states that diversionary cautions cannot be given in respect of offences committed before this section comes into force. Subsection (5) makes it clear that the use of diversionary cautions is subject to regulations made in relation to restricting multiple use of cautions.