More Police cautions advised...

[jonboy]

Police advised to give more cautions (for all offences) but there are some interesting points for Road Traffic Offences:

http://www.timesonline.co.uk/article/0,,2087-2114638,00.html

The official Police PDF listing is here:

http://www.times-archive.co.uk/onlinespecials/gravity.pdf

What's interesting is that even Dangerous Driving can be just a caution if it only occured for a short time and there was no danger to others. Wheelies anyone? :lol:


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[embee]

Am I right in thinking that accepting a "caution" is a formal admission of guilt, and consequently results in a record?

The Times' article shows the typical reaction that receiving a caution is equivalent to being "let off", which, as I understand it, is far from the case.

[jonboy]

Don't know, where's Ed for a legal opinion? Some info here though, and it does seem to be an admission of guilt:

http://www.sw5.info/introuble.htm


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[BillyC]

Cautions do indeed go on your record, but it's not something you accept or decline. You can consider it getting off lightly, as Cautions can easily be replaced with arrests and formal charges - as far as I understand.

Warnings are lower down the scale still, they're not recorded on a record (not formally anyway). In the old days, it was considered the pocket book note that the local bobby made against you, to remind him the next time you were up to mischief. ;)

[jonboy]

Cautions do indeed go on your record, but it's not something you accept or decline.

Not as I understand it. If you accept a formal caution you have to sign for it, and if you refuse then the police can decide to either let things drop completely (say for lack of evidence) or to then formally press charges if they think have a strong enough case.

I get the impression that formal cautions are often used when evidence is a bit thin on the ground...


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[timwilky]

I was present when my son as a juvenile was cautioned for his possession of "organic matter". Not only do you have to accept your guilt etc. but you have a record of sorts. Your fingerprints, DNA sample and photograph are taken.


In theory a caution is a useful weapon in the police amoury, It enables them to give minor offenders a last chance. Whilst they don't have a criminal record as such they are "Known" to the system.

The problem is not first time offenders where a caution is valid, it is the repeat offenders who know/use the system. They go through the range of punishments such as supervision orders/probation, suspended sentences etc. Confident that they can beat the system. It is only when the full weight of the law is brought to bear that they learn their lesson. This I know from personal experience. I have a brother who went this very route and one day got a very nasty shock and 12 months loss of liberty.

[fraser01]

Cautions are ultimately the decision of the officer at the scene or the custody sergeant. To be honest i believe that if something is worth given a caution over then its better to give a ticket (where applicable) or report them for consideration of prosecution. Anything less is a stern telling off and send then on their way.

Of course there are loads of factors to take into consideration but the 2 main considerations are..no previous record (or possibly nothing associated with the offence) and admitting the offence.

Regards

Fraser