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More on "caution"



Again, courtesy of Exile to Whoville:


NATIONAL STANDARDS FOR CAUTIONING (REVISED)
AIMS

1. The purposes of a formal caution are -
- to deal quickly and simply with less serious offenders;
- to divert them from unnecessary appearance in the criminal courts; and
- to reduce the chances of their re-offending.

Note 1A A caution is not a form of sentence. It may not be made conditional upon the satisfactory completion of a specific task such as reparation or the payment of compensation to the victim. Only the courts may impose such requirements.

DECISION TO CAUTION
2. A formal caution is a serious matter. It is recorded by the police; it should influence them in their decision whether or not to institute proceedings if the person should offend again; and it may be cited in any subsequent court proceedings. In order to safeguard the offender's interests, the following conditions must be met before a caution can be administered -

- there must be evidence of the offender's guilt sufficient to give a realistic prospect of conviction;
- the offender must admit the offence;

- the offender must understand the significance of a caution and give informed consent to being cautioned.

Note 2A Where the evidence does not meet the required standard, a caution cannot be administered.

Note 2B A caution will not be appropriate where a person does not make a clear and reliable admission of the offence (for example if intent is denied or there are doubts about his mental health or intellectual capacity).

Note 2D In practice consent to the caution should not be sought until it has been decided that cautioning is the correct course. The significance of the caution must be explained: that is, that a record will be kept of the caution, that the fact of a previous caution may influence the decision whether or not to prosecute if the person should offend again, and that it may be cited if the person should subsequently be found guilty of an offence by a court.

PUBLIC INTEREST CONSIDERATIONS
3. If the first two of the above requirements are met, consideration should be given to whether a caution is in the public interest. The police should take into account the public interest principles described in the Code for Crown Prosecutors.

Note 3A There should be a presumption in favour of not prosecuting certain categories of offender, such as elderly people or those who suffer from some sort of mental illness or impairment, or a severe physical illness. Membership of these groups does not, however, afford absolute protection against prosecution, which may be justified by the seriousness of the offence.
Note 3B Two factors should be considered in relation to the offender's attitude towards his offence: the wilfulness with which it was committed and his subsequent attitude. A practical demonstration of regret, such as apologising to the victim and/or offering to put matters right as far as he is able, may support the use of a caution.

Note 3C The experience and circumstances of offenders involved in group offences can vary greatly, as can their degree of involvement. Although consistency and equity are important considerations in the decision whether to charge or caution, each offender should be considered separately. Different disposals may be justified.

Note 4C If the offender has made some form of reparation or paid compensation, and the victim is satisfied, it may no longer be necessary to prosecute in cases where the possibility of the court's awarding compensation would otherwise have been a major determining factor. Under no circumstances should police officers become involved in negotiating or awarding reparation or compensation.

ADMINISTRATION OF A CAUTION
5. A formal caution should be administered in person by a police officer, and wherever practicable at a police station.

Note 5A The officer administering the caution should be in uniform and normally of the rank of inspector or above. In some cases, however, a Community Liaison Officer or Community Constable might be more appropriate, or in the inspector's absence the use of a sergeant might be justified. Chief Officers may therefore wish to consider nominating suitable 'cautioning officers'.


RECORDING CAUTIONS
6. All formal cautions should be recorded and records kept as directed by the Secretary of State. The use of cautioning should also be monitored on a force-wide basis.

Note 6A Formal cautions should be cited in court if they are relevant to the offence under consideration. In presenting antecedents, care should be taken to distinguish between cautions and convictions, which should usually be listed on separate sheets of paper.
Note 6B Chief officers may also wish to keep records of cases in which action short of a formal caution has been taken, and the reasons for it. But care should be taken not to record anything about an individual which implies that he is guilty of an offence when the evidence is in any doubt. Offences dealt with by action short of a formal caution may not be cited in court.



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