XN000022-1987-11-25 — Page 12

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WEDNESDAY, NOVEMBER 25, 1987

UN

THE HE SAID THAT IN NOVEMBER LAST YEAR,

ATTORNEY GENERAL HAD ISSUED GUIDELINES TO THE INDEPENDENT COMMISSION AGAINST CORRUPTION

FOR ICAC OFFICERS OCCASIONS WHEN IT MIGHT BE IN THE PUBLIC INTEREST FORMALLY TO CAUTION ADULT OFFENDERS RATHER THAN TO PROSECUTE THEM.

VERY HAD ISSUED

MR JFAFFRESON POINTED OUT THAT THESE GUIDELINES FOLLOWED CLOSELY THOSE WHICH THE HOME OFFICE OF THE UNITED KINGDOM IN 1985.

ΤΟ

ON WHETHER OR NOT I MUST STRESS THAT THE DECISION HERE

COMMISSIONER CAUTION RESTS WITH THE ATTORNEY GENERAL AND NOT WITH THE AGAINST CORRUPTION," HE ADDED.

GOVERNMENT HAD CONSIDERED

IN

TO

DO SO AFTER

HE SAID THAT EARLIER THIS YEAR THE INTRODUCING SIMILAR GUIDELINES FOR ALL LAW ENFORCEMENT DEPARTMENTS ON USING A FORMAL CAUTION AS AN ALTERNATIVE

AND HAD DECIDED NOT

THE GOVERNMENT

PROSECUTING ADULT OFFENDERS CAREFUL CONSIDERATION.

סין

KONG BASICALLY WAS

HE POINTED OUT THAT THE SITUATION IN HONG RATHER DIFFERENT FROM WHAT IT WAS IN THE UNITED KINGDOM.

"IN HONG KONG THE

PROVIDE A ATTORNEY GENERAL'S CHAMBERS ΤΟ WHICH THE POLICE AND CENTRAL PROSECUTING AUTHORITY

THE OTHER ADVICE ON WHETHER ΤΟ DISCIPLINED FORCES HAVE EASY ACCESS FOR QUICK PROSECUTE IN INDIVIDUAL CASES, HE EXPLAINED.

"

SUCH IN THE BUT THERE IT WOULD NOT

AS SCHEME MK JEAFFRESON SAID: "THERE IS NO NEW INITED KINGDOM COVERING THE CAUTIONING OF ADULT OFFENDERS, IS A WELL-ESTABLISHED SYSTEM THERE FOR CAUTIONING WHEN MAKE SENSE TO PROSECUTE.

DECIDING THE POLICE HAD ALWAYS HAD TO EXERCISE COMMON SENSE IN

TO MINOR OFFENCES. WEETRER TO LAY CHARGES, PARTICULARLY IN RELATION

ISSUED GUIDELINES TO THEIR INDIVIDUAL CHIEF CONSTABLES HAD

POLICE

OFFICERS ON HOW TO USE THEIR DISCRETION,

IN FEBRUARY 1985 THE HOME

OFFICE RECOMMENDED GUIDELINES

IN CONSISTENCY

то

DECIDING WHEN TO

ALL CHEF CONSTABLES TO ENCOURAGE ISSUE A CAUTION, BOTH TO JUVENILE AND TO ADULT OFFENDERS.

·

ti

ADULT

BRIEFLY, THE GUIDELINES ARE AIMED MAINLY AT THE SORT OF OFFENDER WHO IT WOULD NOT ALWAYS MAKE SENSE TO PROSECUTE, FOR EXAMPLE, THE MENTALLY ILL, WHEN THE THE ELDERLY, THE INFIRM, THE YOUNG AND

HE SAID. CERCUMSTANCES OF THE CRIME ARE NOT PARTICULARLY SERIOUS,

ALL IN

CASES THE GUIDELINES THE HOME OFFICE EVIDENCE MUST

FOR STATE THAT THE

BE SUFFICIENT

PROSECUTION, OFFENDER MUST ADMIT THE OFFENCE AND HE MUST AGREE TO BE CAUTIONED, SAID.

** BUT

ISSUED

THE

HE

THE CAUTION WILL BE RECORDED AND MAY BE USED IN MAKING PROSECUTION DECISIONS.'

FUTURE

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