The claimant requested the court to set aside a caution accepted by her, when she said that she had not understood the serious consequences and had not admitted the offence.
Held: It was for each Chief Constable to draft his own policy, but taking proper account of Hoe Office and other guidance. Nevertheless, the paperwork was deficient in failing to explain the consequences of accepting the caution. This was particularly so where the suspect worked in an occupatione where she would require a clear CRB check to work. The caution was quashed.
Sir John Thomas P, Cranston J
[2013] EWHC 1561 (Admin)
Bailii
England and Wales
Citing:
Cited – Regina v Chief Constable of Kent ex parte L 1991
The discretion which is vested in the Crown Prosecution Service to continue criminal proceedings commenced by the police is subject to judicial review by the High Court, but only where it can be shown that the decision was made regardless of, or . .
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 – Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
Cited – R, Regina (on the Application of) v Durham Constabulary and Another HL 17-Mar-2005
The appellant, a boy aged 15, had been warned as to admitted indecent assaults on girls. He complained that it had not been explained to him that the result would be that his name would be placed on the sex offenders register. The Chief Constable . .
Cited – Caetano v Commissioner of Police of The Metropolis Admn 28-Feb-2013
The claimant now challenged the giving of a simple caution for an alleged assault on her partner.
Held: The evidential basis of the offer of the caution was unsatisfactory, but she had accepted it on legal advice. The case involved allegations . .
Cited – Blackburn v Commissioner of the Police for the Metropolis CA 1968
By common law police officers owe to the general public a duty to enforce the criminal law. However, police are servants of no one but the law itself, and a chief officer of police has a wide discretion as to the manner in which the duty is . .
Cited – L, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Police
Leading Case
Updated: 01 November 2021; Ref: scu.510199
