the scene, for which outside expertise is required. Bail The right of a prisoner to make an application to the High Court is abolished. Previously an application could be made to the Crown Court and the High Court as of right. The right to make a bail application by way of judicial review remains, although only if its more stringent tests applicable are satisfied. The Crown Court is now effectively the final arbiter of bail in criminal cases. Prosecution appeals against decisions of magistrates' courts to grant bail are extended to all imprisonable criminal offences. Conditional cautions The police may now, as well as issuing the normal cautions (which are unconditional), issue conditional cautions. The recipient of any kind of caution must admit his guilt of the offence for which the caution is imposed. Conditional cautions must be issued in accordance with a code of practice, issued by the Home Secretary. They will impose conditions upon the offender. If those conditions are breached the offender may then be prosecuted for the offence. The Criminal Justice and Immigration Act 2008 extends the adult conditional caution scheme to young offenders. Disclosure The Act makes amendments to the Criminal Procedure and Investigations Act 1996 relating to prosecution and defence disclosure. The old system was that the prosecution would provide initial disclosure to the defence (known as "primary disclosure"), the defence would provide a "defence statement" and the prosecution would provide "secondary disclosure" in response to that defence statement. Now the prosecution are under a continuous duty to disclose evidence, though the defence statement would impose a revised and stricter (depending on the contents and detail of the defence statement) test. The test for disclosure — "evidence which undermines the prosecution case or assists the defence case" — remains, though the prosecutor's own opinion of whether unused evidence meets those criteria is replaced by an objective test. However, the defence still cannot force the prosecutor to disclose such evidence until a defence statement is produced, so this change means little in practice. Reforms are made to the extent to which the defence must disclose their case in order to trigger both the revised duty to disclose and the right to a "section 8" application to the court to force the prosecution to disclose an item of evidence. A defence statement must now state each point at which issue is taken with the prosecution and