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You are viewing the version of the document as on 2023-09-29.

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    2023-09-29

EG 12.2 2FCA cautions

EG 12.2.1RP

2In some cases, the FCA may decide to issue a formal caution rather than to prosecute an offender. In these cases the FCA will follow the Home Office Guidance on the cautioning of offenders, currently contained in the Home Office Circular 16/2008.

EG 12.2.2RP

2Where the FCA decides to administer a formal caution, a record of the caution will be kept by the FCA and on the Police National Computer. The FCA will not publish the caution, but it will be available to parties with access to the Police National Computer. The issue of a caution may influence the FCA and other prosecutors in their decision whether or not to prosecute the offender if they offend again. A1 caution given by the FCA will form part of the person's1 regulatory record for the purposes of DEPP 6.2.1 G (3). If relevant, the FCA will take the caution into account in deciding whether to take1 action for subsequent1 misconduct by the1 person. The FCA may also take a caution into account when considering a person's honesty, integrity and reputation and their1 fitness or propriety to perform controlled or other functions in relation to regulated activities (see FIT 2.1.3G).