Police caution in England, procedure

#1
Anyone any knowledge of the police caution process in England? Does it need to be done in the station and by an Inspector or can it be done at the roadside by a cop? Should you be given the 'you are not obliged to say anything . . . . . '
 
#6
Anyone any knowledge of the police caution process in England? Does it need to be done in the station and by an Inspector or can it be done at the roadside by a cop? Should you be given the 'you are not obliged to say anything . . . . . '
You must be over 18.

You must have admitted the offence.

An inspector (or above) will deal, usually at a Police Station.

It stays on record, although not as a 'criminal record'.

This is totally different from a 'caution' given by a Constable prior to questioning a suspect.
 
#8
From the couple of 'proper' cautions I've had, I seem to remember them being at the station by a sergeant. On both of these occasions was pissed at the time so any facts may be works of pure fiction/imagination.

I'm pretty sure when I got "SP 30'd", it was just some mong of a constable in the back of his BFO Volvo who cautioned me, the thick ****; he'd wrote my licence plate down and spelled my name incorrectly; if I hadn't handed my licence over I'd probably have gotten away with it....
 
#10
  1. Introduction
    1. This Code of Practice has been approved by Parliament and brought into force by statutory instrument (SI2004- 1683). It extends to England and Wales. The Code governs the use of Conditional Cautions under Part 3 of the Criminal Justice Act 2003 ("the Act"). The text of the relevant provisions of the Act is attached at Annex A.
    2. Conditional Cautioning enables offenders to be given a suitable disposal without the involvement of the usual court processes. Where rehabilitative or reparative conditions (or both) are considered preferable to prosecution, Conditional Cautioning provides a statutory means of enforcing them through prosecution for the original offence in the event of non-compliance. The key to determining whether a Conditional Caution should be given - instead of prosecution or a simple caution - is that the imposition of specified conditions will be an appropriate and effective means of addressing an offender's behaviour or making reparation for the effects of the offence on the victim or the community.
    3. The Act defines a Conditional Caution as 'a caution which is given in respect of an offence committed by the offender and which has conditions attached to it'. If an offender fails without reasonable excuse to comply with the conditions attached to a Conditional Caution the Act provides for criminal proceedings to be instituted and the caution cancelled.
    4. Such a caution may only be given by an authorised person, defined as a constable; a person designated as an investigating officer under section 38 of the Police Reform Act 2002; or a person authorised for the purpose by a relevant prosecutor. The authorised person should be suitably trained.

Looks like it is open for interpretation according to the law.

Confusing as always!
 
#12
Formal caution, not some sort of bollocking.

Best practice is Inspector rank or above.

Constables giving formal cautions for minor offences do happen, it's not good practice, can be challenged a lot easier and as a result of the complications that have arisen from the wording (ie qualified person) the caution process is being reviewed.

Possession of Cannabis can be dealt with slightly differently to other offences. (First time, small amount, personal use) can be dealt with by way of a warning by any Constable. There must be a guilty reply to questioning, there is a signed record of this but it is not a formal caution.

Police Constables have many powers, but actually adding to a persons criminal record (a formal caution is part of a persons record) can be a serious matter, it is after all a punishment and it is not, on the whole, their job to punish. It's not a speeding fine, It's a bit more formal than that.
 
#13
A note of warning, do not accept a caution without advice or thinking it through. I tried to send someone to the states for a two week training course and they refused his visa due to a caution for fighting, deemed to be a conviction by the US immigration people. He couldn't even remember being given a caution.
 
#14
A note of warning, do not accept a caution without advice or thinking it through. I tried to send someone to the states for a two week training course and they refused his visa due to a caution for fighting, deemed to be a conviction by the US immigration people. He couldn't even remember being given a caution.
Seconded on that one, you accept a caution it will stay on your record for life, its not a convcition but is a method used by Police to dispose of jobs readily. You may be tempted to accept just to make the 'whole thing' go away, my advice to anyone who ends up being dealt with by the Police is make sure you get decent legal advice from a criminal solicitor.
 
#15
Spent most of the night in the cells saw the duty solicitor no further action.
Had been offered a caution to be out by 9pm.
 
#16
A note of warning, do not accept a caution without advice or thinking it through. I tried to send someone to the states for a two week training course and they refused his visa due to a caution for fighting, deemed to be a conviction by the US immigration people. He couldn't even remember being given a caution.

[video=youtube;-LXIb3K7Pvc]http://www.youtube.com/watch?v=-LXIb3K7Pvc[/video]
 
#17
Seconded on that one, you accept a caution it will stay on your record for life, its not a convcition but is a method used by Police to dispose of jobs readily. You may be tempted to accept just to make the 'whole thing' go away, my advice to anyone who ends up being dealt with by the Police is make sure you get decent legal advice from a criminal solicitor.
"Decent legal advice" and "criminal solicitor" rarely go well together.

There is a reason why they are on call criminal solicitors and not in some of the more lucrative fields.

A poster could tell people to say "No Comment"


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#18
Spent most of the night in the cells saw the duty solicitor no further action.
Had been offered a caution to be out by 9pm.
The other argument often used is that people are offered a fixed penalty for the offence, and they want to go home and they don't want to "go to court" so they accept it. Or they actually think because they were arrested they must necessarily have broken the exact law the police lay down as broken.

They think on later as the fixed penalty is on record for ever, and then have a horrendously expensive procedure to challenge the fixed penalty.


I am not a lawyer, but the Section 5, Public Order Act is a classic for this. Johnny knows he was a bit lively and remembers he was arrested, so is already thinking he may have offended! For convenience, I use Wikki!!

Section 5 of the Public Order Act 1986:

"(1) A person is guilty of an offence if he: (a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby." This offence has the following statutory defences:
(a) The defendant had no reason to believe that there was any person within hearing or sight who was likely to be alarmed or distressed by his action.(b) The defendant was in a dwelling and had no reason to believe that his behaviour would be seen or heard by any person outside any dwelling.(c) The conduct was reasonable.
That he was a bit lively and shouted a bit or was a bit silly is not enough for the offence to have been committed. Without legal advice Johnny may well put his hands up when offered a caution or a fixed penalty, but a lawyer will know EXACTLY what is necessary to have committed any given offence and be able to advise accordingly.
 
#19


  1. ............................Such a caution may only be given by an authorised person, defined as a constable; a person designated as an investigating officer under section 38 of the Police Reform Act 2002; or a person authorised for the purpose by a relevant prosecutor. The authorised person should be suitably trained.
[/LIST]

Looks like it is open for interpretation according to the law.

Confusing as always!

Isn't there a difference between constable as in a generic term for Police Officer and Constable as in the rank?

Aren't Sergeants, Inspectors etc all still technically constables? All be it with rank
 

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