Police caution in England, procedure

Discussion in 'Finance, Property, Law' started by theylie, Jun 18, 2013.

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  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 . . . . . '
  2. Grabbed the wife by the throat?
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  3. I thought his real name was Saachi
  4. Wisnae me!
    No genuine curiosity question.
  5. 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.
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  6. 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....
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  7. Inspectors or above issue cautions?

    Since when?

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    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!
  8. I'll not waffle but Constables can caution in plenty of circumstances (the most common one is possession of cannabis).

    I just wanted to hear (read) how the OP had stolen a pack of vagisil from boots.

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  9. 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.
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  10. 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.
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  11. 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.
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  12. 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.