Questionnaire England/Wales

I.19 What is the main diversionary measure?

Where a decision is made not to prosecute on public interest grounds, the alternative to prosecution is a warning. For under 18s there are two preconditions for a warning: sufficient evidence of guilt to give a realistic prospect of prosecution and an admission of guilt by the offender. For adults the same pre-conditions exist, plus the need for the offenders’ informed consent (sect. 23 Criminal Justice Act 1993). The CPS cannot reverse a police decision to caution where a prosecution would have been appropriate. The CPS may also consider public expenditure considerations if the offence is trivial in decisions not to prosecute, this often results in rich/corporate offenders not being prosecuted.