My Lords, I am grateful to my noble friend for his detailed explanation as to why the Government resist Amendment 25, particularly since I hope I made it clear that the amendment is effectively contingent on the “exceptional circumstances” test not being adopted and on the police not being responsible for the decision-making. I fully accept that, if that test stays and if the police are to make the decision, then a senior officer should be in charge.
I also make it clear by repetition that I, along with the noble Lord, Lord Kennedy, fully accept, as I said at the outset of the previous group, the need to be restrictive about giving cautions where normally a prosecution would be the proper response to an admission of guilt; I accept his point that that is the more important in serious cases. My question to the Government, which was echoed by the noble Lord, Lord Kennedy, is simply whether “exceptional circumstances” is the right test, and how it is to be administered. I appreciate the indication that there will at least be discussions that take this forward. On that basis, I beg leave to withdraw the amendment.