Police and Justice Bill

I understand my right hon. and learned Friend’s point, but I think that there is a difference in principle, because the fixed penalty is statutorily prescribed, whereas this procedure requires an offender to admit their guilt and then accept a caution, which will be decided by the prosecutor according to a variable measure. That potential variation turns the prosecutor into a sentencer, whereas a fixed penalty is fixed by this House and known in advance. The procedure will confuse the roles of sentencer and prosecutor, which lies at the heart of the concern expressed by the Magistrates Association and others. The Government have said that offenders can choose to refuse a caution, but the concern is that people will feel pressured to accept a caution and the administrative punishment that follows rather than going through a prosecution, even if they are innocent, either because they fear what the prosecution might involve or because they do not feel well advised.