ABSTRACT
In this chapter we consider the procedural steps that follow the completion of the police investigation. The main point for consideration at this stage is whether the matter will proceed to prosecution in court or whether the case can be diverted from the prosecution process by the police administering a caution.
At the conclusion of the police investigation, subject to the matter being referred to the Crown Prosecution Service (CPS) for advice, it may be decided not to the take the matter any further or that the case against your client should be prosecuted through the courts or alternatively your client might be dealt with by way of caution. Cautioning is an important way of keeping minor offences out of the courts, and in relation to young offenders, it attempts to reduce the risks of them reoffending. Cautioning may also be appropriate for the elderly and infirm who admit having committed a minor offence and it is not in the public interest to proceed with the prosecution.
