Operational partnerships - Cancelling cautions SOP (O32h)

1. Summary of changes

1.1 This standard operating procedure (SOP) has been reviewed in April 2023 - no amendments to content have been made. 

2. What this procedure is about

2.1. This SOP is to give direction to staff process for cancelling a simple caution or youth caution.

Compliance with this SOP and any governing policy is mandatory.

3. Detail the procedure

3.1. A simple caution or youth caution can only be given if:

• there is sufficient evidence for a realistic prospect of conviction
• there was a clear and frank admission, recorded in a PACE compliant manner
• the offender understood the significance and implications of the caution and gave informed consent (this would apply to an appropriate adult if offender was vulnerable or parent/guardian if offender was 17 years or under)

If any of the above were not met it would be appropriate to apply for the caution to be cancelled.

3.2 How to apply for caution to be cancelled

3.2.1. The officer in case must prepare a report when seeking to have a caution cancelled. The report must include the following:

• personal details of the offender
• case reference and crime report number
• outline of enquiries made
• full details of admission
• full details of rationale for issuing caution
• reasons for application to cancel caution

3.2.2. The above information must be sent with any relevant papers to a chief inspector for a decision.

3.3 Following the decision

3.3.1. Following chief inspector review the papers must be returned to the officer detailing the decision to cancel (or not) with full rationale. The officer will ensure that the report and any endorsement is attached to Athena document management and an entry made on the investigation.

3.3.2. If the caution is to be cancelled the officer must arrange for the offender to be informed that the caution is to be cancelled from their record. A record of this notification must be made on the crime report.

3.3.3. The officer must also ensure that the Athena nominal record is updated to show that the caution has been cancelled and update the enquiry log as to the actions taken and that the caution has been cancelled.

3.3.4. The officer must inform the Investigation Management Unit (IMU) that the caution has been cancelled. The officer must reopen the investigation and send to IMU as ‘requires IMU assessment’. IMU will then update the investigation's outcome appropriately.

3.3.5. The officer must email the PNC resulting team to ensure PNC is updated to reflect that the caution has been cancelled. The information must include details of the chief inspector who has agreed the decision and the date the caution was cancelled with the offender. If the offender has no other records on PNC this will trigger any DNA and fingerprint records to be deleted.

3.3.6. If there is a victim of the offence then the officer must ensure the victim is updated and the reasons why.

3.3.7. The officer must then submit the file to the non court disposal (NCD) team, who will check:

• the investigation has been updated
• the Athena case record is updated to reflect the cancellation
• PNC has been updated

4. Equality Impact Assessment (EIA)

4.1. An EIA has been carried out and shows the proposals in this policy would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation.

5. Risk assessment

5.1. This SOP has been assessed as medium risk.

6. Consultation

• Investigation Management Unit
• Finance
• Human Resources
• IT Security
• Estates
• Freedom of Information
• Legal
• Health and Safety
• Diversity and Equality Co-ordinator

7. Monitoring and review

7.1. This SOP will be reviewed every two years with the next review due in April 2025.

8. Security

8.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy.

9. Retention and disposal of records

9.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.