Community resolution vs conditional caution

Community resolution versus Conditional caution

Both are out of court disposals that avoid a formal prosecution, but they differ significantly in formality, enforceability, and the procedural steps required.

Side by side

	Community resolution	Conditional caution
Legal basis	Common law and College of Policing guidance; no specific statutory basis	Criminal Justice Act 2003 ss.22-27
Admission of guilt	The person must accept responsibility for the matter	The person must admit the offence in writing
CPS involvement	Not usually required, though supervisory authority may be needed locally	Required for most offences; the CPS (or a senior officer with delegated authority) must agree the disposal is appropriate
Conditions that can be imposed	Apology, reparation, agreed action: conditions are informal and unenforceable at law	Rehabilitation, reparation or punishment (Criminal Justice Act 2003, s.22(3)): conditions must be achievable and proportionate; non-compliance without reasonable excuse leads to prosecution
Enforceability	Not legally enforceable; failure to comply does not automatically lead to prosecution	Breach leads to prosecution for the original offence
Suitability	Very minor first-time offending; often resolved at the scene	Low to medium level offending; requires more formal process and is more suitable for cases with rehabilitation potential
Disclosure	May appear on an enhanced DBS certificate as other relevant information at the discretion of the chief constable	Recorded on the PNC; disclosable on enhanced DBS certificates

Which applies

Community resolutions are the most informal disposal available and are typically used to resolve minor matters quickly, often with a victim focus and with the agreement of all parties. They are unsuitable for repeat offenders or more serious matters. Conditional cautions require more bureaucracy but carry greater weight: conditions are enforceable and the process is governed by statute. Officers should match the disposal to the seriousness of the offending, the suspect's history, and the victim's wishes.

Last updated 16 October 2026