TNAG-1609-FCO40-22131-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1987 — Page 23

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Cautioning of adult offenders

by The Hon. CHUNG Ruitam

In the Legistative Council on wednesday, 25 November 1987

3. Wh. CHUNG asked:

A scheme has recently been introduced in the United Kingdom whereby adults offenders may be cautioned rather than

Will Government prosecuted for offences of a trivial nature. inform this Council whether it would consider introducing a similar scheme in Hong Kong?

SECRETARY FOR SECURITY:

sirik

new

1

There is no scheme as such in the United Kingdom covering the cautioning of adult offenders the police have always had to exercise common sense in deciding whether to lay charges, particularly in relation to minor offences. Individual chief constables have issued guidelines to their police officers on how to use their discretion. Then in February 1985 the Home Office recommended guidelines to all chief constables to encourage consistency in deciding when to

to issue a caution, both juvenile and adult offenders.

Briefly, the guidelines are aimed mainly at the sort of adult offender who it would not always make sense to prosecute, for example, the elderly, the infirm, the young and the mentally ill, they also suggest cautioning when the circumstances, are not particularly, serious.

of the crime

the

.le.

the guidlina

He Home

But in all cases office issu

state that the evidence must be sufficient for prosecution, the offender

must admit the offence and he must agree to be cautioned. The caution will be recorded and may be used in making future

prosecution decisions.

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Sir, In Hong Kong,

Force

he Royal Hong Kong Police may also exercise some discretion in dealing with offenders. The Commissioner has issued guidelines to his officers on giving cautions in the

NB.* But there is

a

well-established system there for when it would not make sense to

prosecute.

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