Subj: Busted? You can still avoid a criminal record

Date: Mar 1, 1998

Source: Independent on Sunday

Busted? You can still avoid a criminal record

But steady nerves are required to refuse a caution, writes
Graham Ball

This year, more than 40,000 people will be cautioned for
cannabis offences, but many could escape with a lesser
charge.

The increased use of cautions is not restricted to drugs
offences. Its purpose is to avoid wasting police and court time
on petty offenders. So how does the system work in practice
and what should you do if cautioned?

A serving police officer, whose identity is known to the IoS but
cannot be named, has revealed the truth about cautions. The
officer says a caution is a contract which most offenders
accept without reading the small print.

What is a caution?

A caution is a criminal conviction of limited duration.
Acceptance indicates that the individual has waived his or her
right to a defence and, in return, the state waives its right to
punish. A caution is recorded on the police national computer
and remains there for five years (three for juveniles). This can
have an adverse effect on applications for certain jobs,
university places and travel visas to some countries.

Do you have to accept a caution?

No. A caution is not a pre-requisite to release. It requires the
prisoner to actively acknowledge guilt. But once it has been
decided that a caution is the most appropriate way of dealing
with an offence, the police cannot revert to a more serious
charge.

The decision to caution is not arbitrary. The arresting officer
must refer to the police Case Disposal Manual, which awards
points for factors of an offence - attempts to avoid arrest,
intent to supply etc. The points are added up and it is this
tally, not the whim of an officer, that dictates how a case is
dealt with.

If the points equate to a caution, they cannot be pushed up
the scale to a charge simply because you decline to accept
culpability. To accept a caution, you must accept guilt and
your acceptance or rebuttal can have no bearing on how the
law perceives you should be dealt with.

Should I accept the caution and have done with it?

For some the answer is yes: if you can live with a criminal
conviction, and do not intend to emigrate or apply for a
position from which a criminal conviction would disqualify you.
But everyone should consider the matter carefully. A caution
will ensure that you are charged with the offence if you are
arrested again.

What will happen if you refuse?