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11.1
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Formal cautions will be issued in accordance with instructions given in current Home Office Circulars 59/1990. Formal cautions will be issued in the following circumstances: - to deal quickly and simply with less serious offences,
- to divert less serious offences away from the courts,
- to reduce the chances of repeat offences.
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11.2
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Before the offer of a caution is made, the relevant head of service must be satisfied that there is sufficient evidence to prove that an offence has occurred and that it is in the public interest and an effective administration of justice to do so. Such cautions will be notified to any Home or Originating Authority and any national body, such as the Office of Fair Trading or the Department for Work and Pensions, that is entitled to receive such notification.
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11.3
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Line management is informed before a formal caution is offered.
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11.4
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No more than one formal caution will be issued to the same business or person for a similar offence within the expiry period. If a further, similar offence is committed before the expiry of the formal caution, then prosecution will normally be taken in all but the most exceptional circumstances.
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11.5
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Unless the circumstances are wholly exceptional, details of any outstanding formal caution will be placed before the court in any prosecution taken within the expiry date of the formal caution.
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11.6
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If accepted, the caution will be fully recorded and a copy of the documentation held on a Register of Formal Cautions.
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