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Definition of "caution"



Explanation of a caution, courtesy of Exile to Whoville:


Investigations by the police
The formal caution

A mid-point between prosecuting and not pressing charges at all, is the police discretion to issue a formal warning. Often, when police decide not to prosecute, they will issue an informal warning to the defendant about his/her future behaviour. Although begun initially for use in relation to juveniles, it is now used quite frequently with adults as well.

What is a formal caution?

A caution is formal in the sense that records are kept of all cautions made. However, they do not rank as previous convictions, although they may be mentioned in court when being sentenced for a relevant subsequent offence. For example, if having been cautioned for theft, you are subsequently prosecuted and found guilty of a further theft, your earlier caution may be mentioned during sentencing.

How long do they last?

There is no set time limit, but in practice they are kept for a minimum of five years.

In order for a caution to be given in a case:

There must be enough evidence to prosecute
The defendant must admit the offence
The defendant (or the parents of a juvenile) must agree to the caution, having been told that it may be mentioned in court in the case of future offending.
The significant issue with a caution, therefore, is whether the person concerned will accept guilt for the offence. A confession made in the context of receiving a caution is not admissible as evidence in proceedings.

When are formal cautions appropriate?

They serve as a 'half-way house' in cases where it is not appropriate to drop all charges completely, for example, because the offence is too serious, but where also there are other considerations indicating that prosecution may not be appropriate. This may be where the offender is a juvenile who has offended for the first time, or where there are 'sympathetic considerations' relating to an adult, for example, the defendant is very old or is showing signs of severe emotional distress.

From: http://www.law4today.com/info/crime/crime10.htm


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