Sex offenders are among thousands of criminals released with a caution

Shocking data obtained under the Freedom of Information Act shows hundreds of perverts and violent criminals in Worcestershire are not even facing court, let alone jail.

Instead West Mercia Police is handing out cautions for serious offences like sexual assault, wounding, producing indecent images of children, criminal damage, assaulting police officers, possessing class A drugs, fraud, theft and arson.

West Mercia Police say cautions are rarely used for serious offences, except in exceptional circumstances, and are only ever given out after careful consideration.

But the figures show that in the West Mercia force area 224 cautions were handed out over the last five years (April 2008 to April this year) for sexual offences alone including grooming underage girls, indecent assaults on underage girls, voyeurism, indecent exposure, sexual assault, running a brothel and failing to comply with the terms of the sex offender register.

In Worcestershire 104 cautions were handed out for sexual offences over the same period.

Cautions were given to 9,553 people in Worcester-shire over the last five years while across West Mercia 20,792 were cautioned over the same period.

In total there were 60,515 offences in West Mercia in 2012/13 and 30,168 in Worcestershire.

One county solicitor who declined to be named said: “These figures are absolutely shocking.

“When I started practising law a long time ago this would never have happened. Criminal offences should be reflected in court action.”

Another solicitor who also refused to be named said there was a perception among solicitors that there had been an increase in matters being disposed of out of court.

He said: “It seems to be getting worse rather than better.”

Bill Longmore, Police and Crime Commissioner for West Mercia, said: “Cautions can only be considered if certain criteria are met and cannot be used without careful consideration.

“The decision to issue a caution would also be examined by a senior officer to ensure it has been used in the right way.

“The response to each case is decided at a local level and is dependent on a wide range of factors including the nature of the offence, the welfare and views of the victim, whether there had been a clear admission of guilt, the age of the individuals involved and so on.

“Cautions are rarely used for serious offences – although they can be used in exceptional circumstances – but can only be considered with advice from prosecutors.

“If there are any incidents where that has not occurred the chief constable would take that very seriously and I would expect him to take action.

“The vast majority of those who receive a caution for a first time offence do not go on to commit further crimes.

“It is important to recognise that a caution is a legitimate criminal justice outcome, with real sanctions attached.

“For example, in relation to sexual offences, offenders can be placed on the Sex Offenders’ Register and the resulting risk management that follows.

“Also, if a conditional caution is used, a person will have to stick to certain rules and restrictions as part of their caution, such as going for treatment for drug abuse or fixing damage to a property. “If they don’t stick to the conditions, they could be charged with a crime.

“A caution can also have long term implications, such as notification on pre-employment checks, such that questions have recently been asked about the proportionality of data retention.”

Worcestershire cautions

These figures show the cautions handed out between April 2008 and April of this year in Worcestershire (custody cautions and non-custodial cautions):

• Criminal damage (under £5,000 of damage) - 791
• Sexual assault on a female - 14
• Shoplifting - 886
• Harassment without violence - 229
• Assaulting a constable in the execution of his or her duties - 67
• Section four public order offences which involve causing the ‘fear of unlawful violence’ - 266
• Using threatening words or behaviour to cause harassment alarm or distress - 415
• Failing to comply with the notification requirements of the sex offenders register - 59
• Possession of cocaine (class A) - 201
• Possession of heroin (class A) - 87
• Possession of cannabis resin (class B) - 733.
• Assault occasioning actual bodily harm - 289.
• Assault by beating (battery) - 1,805
• Fraud by false representation - 145
• Possession of a knife blade or sharp pointed article in public - 90
• Drunk and disorderly in public - 436

In Worcestershire 104 cautions were handed out for sexual offences over the same period: 14 for sexual assault on a female; Two for sexual assault on a male; 11 for offenders over the age of 18 causing, engaging in or inciting sexual activity with a person aged between 13 and 15 or in the presence of someone of that age; Nine for exposure; One for voyeurism; One for breach of a sexual offences prevention order; One of doing an act prohibited by a sexual offences prevention order; Two for sexual activity in a public toilet; 59 for failing to comply with notification requirements of the sex offenders' register; One for an adult meeting a girl under the age of 16 following sexual grooming; Two for managing a brothel; One for persistently soliciting someone for the purpose of prostitution.

West Mercia cautions

These figures show the cautions handed out between April 2008 and April of this year in the West Mercia Police force area (custody cautions and non-custodial cautions):

• Sexual assault on a female - 41
• Sexual assault on a male - 7
• Indecent exposure - 33
• Offender aged 18 or over causing or inciting a girl of 13 to 15 to engage in sexual activity - 9
• Criminal damage to property valued under £5,000 - 1,671
• Possession of indecent photographs of a child - 15
• Assault by beating (battery) - 3,994
• Assault occasioning actual bodily harm - 720.
• Section 20 wounding/grievous bodily harm without intent - 26
• Possession of a knife blade/sharp pointed article in a public place - 200
• Assault/ill-treat/neglect/abandon a child/young person to cause unnecessary suffering/injury - 61
• Fraud by false representation - 304
• Possession of cocaine (class A) - 480
• Possession of heroin (class A) - 187
• Possession of cannabis resin (class B) - 1,511
• Possession of an offensive weapon in a public place - 288