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NIPPING IT IN THE BUD20111112338

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					                                     nippinG it in tHe BUd
                        A swift and effective alternative to prosecution, the Conditional
                        Caution with a Drug Interventions Programme (DIP) condition
                        provides an early opportunity to identify drug-misusing offenders
                        and engage them in appropriate treatment and support before they
                        spiral into a more serious cycle of drug misuse and crime.

No soft option, DIP     an appropriate and proportionate                 Each DIP condition should include:
conditions call for a   response                                         • an assessment of the offender’s drug misuse
genuine and practical
                        Designed for use in less serious cases, the DIP     (including evaluations of risk, drug misuse
commitment to
                        condition responds to the specific needs of         and potential referral to other specialist
individually tailored
programmes with         the offender. It can range from a one-session       agencies) to establish their dependency on
a sanction of           condition, which requires an offender to remain     or propensity to use drugs;
prosecution for the     at a single session with a Criminal Justice
                                                                         • the CJIT drugs worker providing harm
original offence        Intervention Team (CJIT) drugs worker, to a
                                                                            minimisation and general drug awareness
if offenders don’t      three-session condition with a follow-up. This
                                                                            advice in addition to outlining what relevant
comply.                 more stringent condition, which requires an
                                                                            wraparound services are available; and
                        offender to attend three separate sessions and
                        to participate in follow-up treatment and other • a review of the offender’s readiness to
                        help and support if required, demands much          engage and their suitability for further
                        more commitment and may be appropriate for          intervention.
                        a low-level offender even where there’s some
                        history of previous drug-related offending.      an eFFeCtiVe deterrent
                                                                         Conditional Cautioning is an extremely
                        Either way, Conditional Cautions appear on an
                                                                         effective way of engaging drug-misusing
                        offender’s criminal record and will be quoted
                                                                         offenders both in DIP intensive and DIP
                        on Standard and Enhanced Disclosure
                                                                         non-intensive areas in treatment and other
                        certificates.
                                                                         help and support if required. Research shows
                        From December 2008, Conditional Cautions         that four out of five people who are given
                        will fall within the scope of the Rehabilitation Conditional Cautions are found to comply
                        of Offenders Act 1974 and will carry a           with the conditions.
                        rehabilitation period of three months.
                                                                         Particularly effective in the case of first-time
                        siMpLe to adMinister                             offenders and drug misusers who haven’t
                                                                         yet realised or acknowledged the possible
                        Provided the offender admits the offence
                                                                         consequences of their continued drug
                        in a Police and Criminal Evidence Act 1984
                                                                         misuse and offending behaviour, Conditional
                        (PACE)-compliant interview and agrees to
                                                                         Cautioning can also be used to re-engage
                        fulfil specified conditions, administering a
                                                                         offenders who have either failed to attend or
                        Conditional Caution with a DIP condition is
                                                                         failed to remain at required assessments.
                        as simple as submitting form MG14, together
                        with any relevant facts from a CJIT drug         The consequences are severe for those who
                        worker assessment, to the Crown Prosecutor.      fail to meet a DIP condition. Where the police
                        They will then decide whether a Conditional      are satisfied that there’s no reasonable excuse
                        Caution is appropriate for the offender.         for non-compliance, they will refer the case



                                           OUT OF CRIME, INTO TREATMENT
  to the Crown Prosecution Service (CPS). A                     (also known as simple cautions) can also be        An arrestee’s own
  Crown Prosecutor will then decide whether or                  used, but Conditional Cautions place an extra      admission to the
  not the offender should be charged with the                   requirement on an offender to either address       offence and related
  original offence.                                             the cause of their offending or to apologise       drug misuse is
                                                                to and/or compensate the victim.                   sufficient to make
  tHe riGHt soLUtion                                                                                               it worth considering
                                                                Drug Interventions Record (DIRs) should be         use of the DIP
  Generally speaking, the DIP condition is intended
                                                                completed on every individual who has a triage     condition, providing
  for use in less serious cases involving drug
                                                                assessment as part of their Conditional Caution.   it meets the criteria
  misusing offenders in the early stages of their
                                                                You should record the fact that the contact was    set out under PACE,
  offending behaviour. Specific examples include
                                                                prompted by a Conditional Caution in section       regardless of the
  those arrested for:
                                                                4.5 of the DIR form.                               type or classification
  • misuse of a Class A drug;                                                                                      of drug involved.
                                                                If a Conditional Caution is administered after
  • simple possession; and
                                                                a required follow-up assessment has been
  • low-level acquisitive crime.                                arranged, you should cancel the follow-up
  Other groups for whom it may be appropriate                   assessment. Simply write ‘No’ at section
  include those involved in ‘on-street’                         5.1 on the RA – Assessment form, then in
  prostitution, non-problematic drug users                      the free-text box at ‘Did not attend – other
  or ‘recreational’ users where a Conditional                   – give details’, state ‘Conditional Caution
  Caution with a DIP condition may prevent an                   administered’. If the Conditional Caution          Four out of five
  escalation into problematic drug misuse.                      was administered prior to an appointment           people who are given
  Most offenders will be relatively new to the                  being made for a required follow-up                Conditional Cautions
  Criminal Justice System and have a limited                    assessment, write ‘No’ at section 4.3 on the       are found to comply
  criminal record. However, a history of previous               RA – Assessment form and state ‘Conditional        with the conditions.
  offending should not preclude the use of                      Caution administered’ in the ‘Other – give
  Conditional Cautioning where appropriate.                     details’ free-text box.
  Each case should be considered on its
  own merits.                                                      For More inForMation
                                                                   To get the best outcomes from this type of disposal you should
  a Joint responsiBiLitY                                           read the latest guidance. This builds on its practical application
  The Director’s Guidance on Conditional                           in several pilot areas.
  Cautioning makes it clear that police                            For operational guidance:
  officers and Crown Prosecutors should work                       http://drugs.homeoffice.gov.uk/publication-search/dip/
  together to ensure that a Conditional Caution                    DIPCCGuidance
  is considered wherever it’s appropriate.
                                                                   For the latest FAQs on DIP and Conditional Cautioning:
  Conditional Cautioning therefore provides a
                                                                   http://drugs.homeoffice.gov.uk/publication-search/
  unique opportunity for prosecutors, the police,                  dip/DIPCCFAQs
  defence lawyers and treatment services to be
  jointly involved in this out-of-court process.                   Further guidance on out-of-court disposals:
                                                                   http://police.homeoffice.gov.uk/publications/operational-
  aCHieVinG KeY tarGets                                            policing/Out_Of_Court_Disposals.pdf
  Along with other DIP interventions,                              For more information on how police officers and Crown
  Conditional Cautioning with a DIP condition                      Prosecutors should work together to administer Conditional
  can also be a key tool in helping local                          Cautions:
  partnerships deliver against priority national                   http://cps.gov.uk/publications/directors_guidance/
  indicators, such as:                                             conditional_cautioning.html

  • PSA 25, relating to the reduction of the                       For general information on Conditional Cautioning:
                                                                   www.cjsonline.gov.uk
    harm caused by drugs; and
  • PSA 23, which relates to making
                                                                   If you have any specific questions, please contact:
    communities safer through the reduction
    of acquisitive crime and re-offending.                         CJIT: Development, Implementation and Improvement Team
                                                                   Drug Interventions Programme at the Home Office:
  FUrtHer inForMation                                              020 7035 0522
  Conditional Cautions aren’t the only alternative                 dipoperationalprocessqueries@homeoffice.gsi.gov.uk
  to prosecution. Non-statutory police cautions
Produced by COI for the Drug Interventions Programme. November 2008. Ref: 288908 Product code: FACT3
                                                                                                                        5051688012033

				
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