RESTRICTED
RESTRICTED
FM FCO
TO PRIORITY HONG KONG
TELNO 3013
OF 170925Z NOVEMBER 87
YOUR TELNO
1.
2.
432h
HELD
4
380/2
2 NOV 137
145713
MDLOAN 3631
TOP COPY a DIST
LÉGCO QUESTION: CAUTIONING OF ADULT OFFENDERS
HOME OFFICE ADVICE IS AS FOLLOWS:-
A) THERE IS (NO) SCHEME AS SUCH COVERING THE CAUTIONING OF
ADULT OFFENDERS.
B)
C)
THE POLICE HAVE ALWAYS HAD DISCRETION TO CAUTION OR TO PROSECUTE AND LOCAL INSTRUCTIONS ARE ISSUED TO POLICE OFFICERS BY CHIEF CONSTABLES NOT (NOT) BY THE HOME OFFICE. INVARIABLY THE ON-THE-SPOT DECISION IS MADE BY
THE POLICE CONSTABLE INVOLVED.
IN PRACTICE, VERY FEW ADULTS ARE CAUTIONED AND THOSE WHO ARE NOT PROSECUTED/CHARGED WITH AN OFFENCE ARE WARNED, FOR EXAMPLE FOR JUST EXCEEDING THE SPEED LIMIT OR FOR HAVING FAULTY LIGHTS ON A VEHICLE. AN ADULT CAUGHT STEALING, SHOP LIFTING OR SOLICITING WOULD INVARIABLY BE CHARGED, VERY OCCASIONALLY WARNED (IN THE CASE OF AN ELDERLY PERSON) BUT HARDLY EVER CAUTIONED. D) THE DISCRETION TO CAUTION SOMEONE IS OFTEN EXERCISED IN
RESPECT OF YOUNG PEOPLE (JUVENILES) WHO ARE CAUGHT RED-HANDED OR WHO ADMIT TO AN OFFENCE. WHEN THIS HAPPENS THE YOUNG PERSON IS TAKEN TO A POLICE STATION, HIS/HER PARENT(S) SENT FOR, AND AN OFFICIAL CAUTION IS GIVEN BY AN OFFICER NOT BELOW THE RANK OF INSPECTOR. THE CAUTION IS NOT GIVEN REPEATEDLY TO THE SAME OFFENDER. IF A YOUNG OFFENDER IS CAUGHT MORE THAN ONCE OR TWICE HE/SHE IS CHARGED AND THE PREVIOUS CAUTIONS ARE MENTIONED IN POLICE EVIDENCE IN COURT.
A HOME OFFICE CIRCULAR, DEALING WITH CAUTIONING JUVENILES, WAS ISSUED IN 1984, AND A COPY WILL BE SENT TO THE AG'S OFFICE IN THE NEXT BAG.
HOWE
YYYY
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