Adult Cautioning Flashcards
1
Q
Who can be a cautioning officer?
A
- authority in substantive sergeants rank and above
- relieving members do not have authority
2
Q
What is a cautioning officer?
A
The officer who can authorise the caution
3
Q
What considerations are to be taken into account by a cautioning officer?
A
- All information from arresting member, accused, victim/witnesses
- A cautioning officer MUST be satisfied there is a REASONABLE PROSPECT OF CONVICTION
- Whether the accused is on bail for similar offending
- concerning/similar history
- relevant court orders
- parole
- attitude of arresting member
- attitude of victim
- attitude of accused
- seriousness of offending
- orders for compensation
- aggravating circumstances
4
Q
Who must constant to a caution?
A
- no one, accused, victim or otherwise
5
Q
What considerations must take place for victim offences when adult cautioning?
A
- victim consultation to take place
- detailed OEL to be recorded
- capacity for victim to be compensated as a result of the offending
- need for physical protection from the accused
6
Q
When will an adult caution NOT BE suitable?
A
- Indictable offence
- aggravated offence
- serious and organised crime offence
- offence involving violence, stalking or harassment against a family member
- breach IO
- assault police
- sexual offence
- offence against the Child Protection Act
- expiable offence when the excoriation has been issued
- drug offences
7
Q
What happens when a caution HAS BEEN issued but it was issued for an offence of an excluded kind?
A
- Taken to have been issued in error
- Advise all parties matter to be proceeded through the prosecution process
8
Q
How is an adult caution finalised?
A
- PD670 delivered to cautioned person
- must be imploded to shield prior to delivery of the notice
9
Q
Can adult cautions be issued with matters laid in court?
A
- cannot be issued once a charge is laid
- UNLESS compliant with prosecution practice notes
