The Ministry of Justice has published new statutory guidance governing the use of adult cautions for specified offences.

The guidance introduces a significantly strengthened framework, ensuring that cautions are genuinely exceptional and that prosecution is the expected outcome.

The reforms place victims at the heart of the decision-making process while strengthening public protection and reinforcing confidence in the administration of justice.

Under the new framework:

• The starting point for all specified offences is that a caution may not be given.
• A caution may only be considered in genuinely exceptional circumstances.
• Exceptional circumstances must be determined by a police officer of at least the rank of Superintendent.
• No caution may be administered without the independent consent of the Director of Public Prosecution.
• Victims’ views, safeguarding concerns, the seriousness of the offending and the wider public interest must all be carefully considered before any decision is made.

The guidance also significantly narrows the circumstances in which a caution may be considered appropriate. A caution cannot be justified simply because an offender admits the offence, has no previous convictions, expresses remorse or wishes to avoid court proceedings. Nor can administrative convenience or the desire to avoid a contested prosecution justify the use of a caution.

In addition, a caution may only be considered where the decision-maker is satisfied that, if the offender were convicted, the sentencing court would be unlikely to impose a custodial sentence or a community order. Even where that threshold is met, prosecution remains the expected course unless the case is genuinely exceptional and a caution better serves the interests of justice.

The guidance also establishes a strong presumption against cautions for offences involving children, sexual offending, vulnerable victims, exploitation, coercion, abuse of trust or abuse of power. Such offences will ordinarily proceed before the courts and will only be considered for disposal by caution in highly exceptional circumstances.

Importantly, the guidance places victims at the centre of the decision-making process. Their views should ordinarily be sought before any recommendation for a caution is made, and decision-makers must consider the impact of the offending, any continuing safeguarding concerns, the risk of repeat victimisation and the victim’s safety and protection needs. Where a decision is taken which departs from the victim’s views, the reasons must be fully recorded.

The Minister for Justice, the Hon Nigel Feetham KC MP, said: “The public rightly expects that serious offending will ordinarily be dealt with before the courts. This guidance makes that expectation clear. For specified offences, prosecution is the rule and a caution is the rare exception.

"We are placing victims at the heart of decision-making. Their views, their safety, the harm they have suffered and any continuing safeguarding concerns must all be carefully considered before a caution can even be contemplated.

"These reforms introduce multiple safeguards before a caution can ever be given. Any departure from prosecution requires exceptional circumstances, with the independent determination by a Superintendent and the additional consent of the Director of Public Prosecution.

"This is a significant strengthening of Gibraltar’s criminal justice framework. It promotes consistency, transparency and accountability, while ensuring that cautions remain available only in the truly exceptional case where the interests of justice clearly require it.

"The public can therefore be assured that cautions for specified offences will be subject to rigorous scrutiny and that victims’ rights, public protection and public confidence are central to every decision.”

The guidance also introduces enhanced requirements for recording decisions, consulting victims, considering safeguarding measures and conducting supervisory quality assurance. The Royal Gibraltar Police and the Director of Public Prosecution will periodically review cautions issued for specified offences, with anonymised annual reporting to the Minister for Justice to support ongoing monitoring and continuous improvement.