OUT OF COURT DISPOSALS. It is recognised that the decision to use an out of court disposal is ultimately an operational decision for the Police to take (for some disposals it is the CPS). Simple cautions and conditional cautions Offenders should not be considered eligible for a simple caution at the scene of the incident. A simple caution should not be given for any violent offence other than in exceptional circumstances. The Police will not caution without obtaining the views of the victim(s) and/or the Case Manager as appropriate. Conditional cautions should be considered where there might be a need to prevent further contact with a victim or attendance on NHS premises. Conditional cautions with a financial condition (i.e. compensation or a financial penalty5) may also be suitable for cases where imprisonment or a community sentence may not be available. Advice on suitable conditions that would achieve this purpose, while still allowing access to essential healthcare, can be provided by the Case Manager. Penalty notice for disorder Normally a penalty notice disorder should not be issued if NHS staff have been assaulted or threatened with violence. Out of court disposals for offenders with mental disorder and/or learning disability When considering the public interest in relation to disposal of a case, the question of the severity, or otherwise, of the possible sentence may be taken into account. The fact that a sentence of imprisonment or community sentence may not be available to the courts for detained patients should not prevent prosecution.
OUT OF COURT DISPOSALS. 7.1. The prosecution service is responsible for deciding whether to offer an offender a conditional caution in certain cases. In such cases, the Full Code Test must be met. Prosecutors will offer a conditional caution where it is a proportionate response to the seriousness and the consequences of the offending and where the conditions offered meet the aims of rehabilitation, reparation or punishment within the terms of the Criminal Justice Xxx 0000.
