A court may set aside a police caution where the defendant had not made a clear admission of guilt. Simon Brown LJ: ‘It follows, in my judgment, that there was here no clear and reliable admission of guilt at any stage. I am invited to look at the evidence in the round and cumulatively to find such an admission. I decline to do so. In my judgment, the applicant made no admission of guilt, whether as an aider and abettor, or on the basis of joint enterprise. In short, I conclude that there was here the clearest failure to comply with the condition that the offender must admit the offence, and that a caution will not be appropriate without such a clear and reliable admission’.
Judges:
Simon Brown LJ, Curtis J
Citations:
(1995) 160 JP 367
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Commissioner of Metropolitan Police ex parte Thompson Admn 18-Dec-1996
When considering an application for judicial review, where a defendant had been cautioned by the police, it was necessary to recognise that the caution procedure did have legal consequences. Though ‘There is no statutory basis for the formal . .
Cited – Wyman, Regina (on the Application of) v The Chief Constable of Hampshire Constaulary Admn 24-Jul-2006
The claimant challenged a formal caution administered against him for an alleged sexual assault. He denied that he had made any clear admission of the offence.
Held: The requirement under the procedure was for a clear admission of guilt, but . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 26 May 2022; Ref: scu.243396
