A new policy letting minor criminals escape prosecution will not decriminalise any offences, Attorney General Kim Wilson said yesterday. Sen. Wilson said most people will still be charged and taken to court despite a new cautioning system for those who commit minor crimes such as possessing small amounts of marijuana.

"The vast majority of arrested persons will continue to be charged and bailed for appearance in court," the Justice Minister told The Royal Gazette.

"Thus, members of the public should be advised that the intent of the Legislature and the effect of these provisions is not to decriminalise certain offences. More importantly, this caution process should be regarded as a more effective, appropriate, proportionate and cost effective way of managing some first time offenders who satisfy very strict criteria."

Sen. Wilson said the new cautioning system, consistent with one in place in the UK, is part of the Police and Criminal Evidence Act which reforms the way Police can go about their jobs.

Police have long had the power to issue cautions for minor crimes, but they have not had clear guidelines to say when cautions can be given, leading to accusations of inconsistency.

The AG said under the new system, an offender can be cautioned if they freely admit the offence, show remorse and fit into a matrix based on their background and the offence.

All formal cautions will be considered by an inspector or above, while Police will keep records of everyone cautioned. Generally, people will not be eligible for a second caution.

Sen. Wilson said: "These cautioning guidelines under PACE will greatly reduce complaints from some members of the public regarding the appearance that all persons are not treated equally when it comes to the disposal of certain less serious offences.

"Prior to the issue of the cautioning guidelines, the Police have always had the discretion to issue cautions to persons under arrest for minor crimes. However, the absence of any concrete guidelines or criteria has led to the appearance of and/or potential for abuse.

"The guidelines now ensure a consistent and fair approach to deal with first time offenders who have committed minor crimes or misdemeanours.

"In certain circumstances, and provided the DPP's cautioning matrix is applied correctly, some first time offenders who have committed a minor crime may avoid a criminal court conviction and any subsequent disadvantage."

Giving an example of how the matrix works, Sen. Wilson said a common assault would score two points, with additional points depending on factors such as the significance of the injury, whether there was provocation, vulnerability of the victim, whether a weapon was used, or if it was gang related.

Anyone scoring four points or more is not entitled to a caution.