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Key definition
Conditional caution definition

What does Conditional caution mean? In criminal practice, a conditional caution is an out-of-court disposal for low-level offending: the suspect admits the offence and agrees to conditions; if complied with, no prosecution follows. In England and Wales it is a statutory scheme under the Criminal Justice Act 2003. The prosecutor (usually the CPS) must be satisfied that the evidential and public interest tests are met and that a conditional caution is appropriate; the police then issue and supervise it. Conditions typically require reparation (compensation or apology), rehabilitation (attendance at a course or treatment) or, in some cases, a financial penalty. If the suspect breaches the...

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Termination and disposal of criminal cases: from investigation outcomes to discontinuance, stays, acquittals, convictions and special bars (England and Wales)

Practice notes
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What amounts to the conclusion of criminal proceedings?

Most criminal matters conclude either with an acquittal after trial, or with conviction and sentence following a trial or a guilty plea. There are, however, several other ways proceedings can end. They sit in the following categories:

Without charge, at the end of a criminal investigation

  • a no further action decision
  • an alternative out-of-court disposal, for example a simple or Conditional caution

Without a verdict, after proceedings have begun

  • Discontinuance of proceedings by the DPP (magistrates’ court and Crown Court) or by another public prosecutor (Crown Court) — available before a summary trial begins (magistrates’ court), or before the Indictment is preferred (Crown Court)
  • withdrawal of a charge or Summons by the prosecution (magistrates’ court only) — available any time before adjudication with the court’s leave
  • dismissal of the information for the prosecutor’s non-appearance (magistrates’ court only) — available at trial
  • dismissal of charges (Crown Court) — available before arraignment
  • the quashing of an indictment (in the Crown...
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Eva Niculiu
Eva Niculiu chambers

Eva is a barrister at Three Raymond Buildings, specialising in crime and associated areas including extradition, licensing, and regulatory law. She represents defendants across the full range of criminal offences, and has experience representing young people and dealing with young and vulnerable witnesses. She has acted as led junior counsel for the defence in complex fraud trials, and in a murder appeal against conviction. She also prosecutes on behalf of the CPS and a range of other agencies including Transport for London and the Security Industry Authority. In extradition cases, Eva appears on behalf of requested persons both at first instance and on appeal in the High Court. She acts for the Metropolitan Police Service in applications for civil preventative orders such as sexual harm prevention orders, sexual risk orders, and closure orders. Accordingly she is also well placed to advise and represent...

Web page updated on 21/05/2026

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