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 that admission could be taken from answers given in interview. Even so, here, there was no sufficient admission. The caution was quashed.

Silber J
[2006] EWHC 1904 (Admin)
Sexual Offences Act 2003 3 76 78
England and Wales
CitedRegina 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 . .
CitedRegina v Commissioner of Police for the Metropolis, Ex parte P QBD 1995
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 . .
CitedR, 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 . .

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Criminal Practice, Police

Leading Case

Updated: 01 November 2021; Ref: scu.243385