"My loved one has committed a crime in order to finance their drug habit, now the police have become involved and have issued a “Conditional Caution”, what does this mean?"

As you will have read on the previous pages, drug dependence usually comes with fairly significant financial consequences. Drugs are not cheap and money that would, in usual circumstances be used to pay for necessities or bills is now needed to fund the habit. In some cases this will lead to dependents engaging in criminal activity to help provide the money.

Bexley police encounter a number of drug users who may have been detained as a result of criminal activity linked to their drug and or alcohol use. Identifying and responding to those individuals who may have begun to use crime in this way is a key part of the custody team’s responsibilities.

All detainees will be asked questions about their possible alcohol and/or drug use. Some will respond immediately and advise the officer of a dependence (preferable, as it can help the custody staff to keep an eye on the detainee to ensure he is safe and well while coming “down” off a high, or potentially experiencing withdrawal while in custody). Others prefer to wait and talk to the Drugs Intervention Programme (DIP) workers who are present at least twice a day.

Once it has been established that the detainee is a drug user, and that crucially, they would like some assistance or help to address the issues of their addiction, then the police have the option to propose that Crown Prosecution Service consider what is called a “Conditional Caution”. A Conditional Caution is a formal caution and is certainly not “an easy out”.

In order to proceed with a Conditional Caution, the Crown Prosecution service must be clear that there is actually sufficient evidence to press charges. Conditional Cautions may not be given to habitual offenders but are usually directed at those individuals for whom this is their first such offence and for whom it is clear, in these circumstances, that they are only tending toward more criminal and anti social behaviour as a result of their dependence. Failure to comply with a conditional caution can lead to a re-arrest and prosecution for the original crime as well as the non-compliance. To date, Bexley police have had no re-arrests of this nature and the system and services offered appear to be having the desired effect.

Conditional Cautions therefore typically will instruct the detainee to undertake drug counselling sessions, or other nominated rehabilitation programs in order to assist them to become free of their dependence.

A Conditional Caution is only applicable in this context for those using Class A drugs such as heroin, cocaine or crack.

A member of the DIP (Drug Intervention Programme) will then support the detainee and make the appropriate arrangements and referrals.

Conditional Cautions are a key tool for both police and the detainee. Often the experience in custody can be enough of a shock for individuals to realise their need for assistance and finally accept the help that is offered.

Giving a Conditional Caution offers drug dependants the chance to break a cycle of committing crimes to finance their drug habit, thus reducing the overall crime rate and the chance of reoffending.

As with all matters pertaining to drug and/or alcohol dependence, the dependent must himself, want to get help. Unwilling participants will not be accepted and the CPS will not “force” a Conditional Caution on anyone. However, it is still possible that the court may then order drug treatment, and this is not to be taken lightly.

What remains true is that early intervention can make the difference between misguided criminal activity driven primarily by a need to fund a drug dependence, and the more serious and more difficult to resolve matter of habitual criminality.