Legislative changes to be introduced on the issuing of police cautions

Added: 2026-06-03

[00:00:00]Justice Minister Nigel Fetum says the amendment is intended to strengthen safeguards around the use of cautions in serious cases, particularly sexual offenses.

[00:00:11]He says it would ensure cautions are used only in truly exceptional circumstances while allowing victims views to be taken into account. He also says the change would preserve the operational independence of the Rojalta police and prosecuting authorities with decisions remaining a matter for law enforcement and the DPP rather than ministers. The issue has come under focus following questions about cautions issued in relation to sexual offenses.

[00:00:37]The role board to police says sexual offenses cover a wide spectrum of offending involving both adult and child victims. It says formal cautions are one of a number of discretionary outofc court outcomes available to police. It says cautions for sexual offenses can be issued in exceptional circumstances, although they're rare in practice. It adds that since its current records management system was created in 2017, only one such caution has been issued and recorded.

[00:01:10]The RGP has clarified the only recorded instance of a formal police caution for a sexual offense relates to three offenses which occurred between March and June 2022.

[00:01:21]They were reported in July 2022 and resulted in a formal police caution in July 2024.

[00:01:28]The offenses were linked to Charles Monteo who was sentenced to 14 years. In the sentencing pronouncement, the court referred to three cautions, two for sexual assaults and one for sexual activity with a child under the age of 16. The RGP says the issuing of the cautions involved direct engagement with both the director of public prosecutions and the victim's family. Christian Hoga says the issuing of a caution is currently a matter for the RGP. He says his office may be asked for its views and those views may be considered but that there's no requirement for police to seek approval from the office of criminal prosecutions and litigation.

[00:02:07]He also says the OCPL has no authority to review a caution once given or to issue one itself. Mr. Hawker adds factors such as the seriousness of the alleged offense, previous offending history, the public interest and the views of the victim or family may be considered. But he says cautions for serious sexual offenses would be very exceptional and certainly not the norm as most sexual offending is serious and generally in the public interest to prosecute. The proposed amendment would therefore change the current position by making DPP consent a legal requirement for specified offenses.

[00:02:45]For the minister, the change is about strengthening public confidence in how serious cases are handled, keeping the flexibility for truly exceptional circumstances, but placing tighter safeguards around decisions made outside court.