QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Queen Elizabeth Law Courts
B e f o r e :
|THE QUEEN ON THE APPLICATION OF CHARLIE ARU||(CLAIMANT)|
|THE CHIEF CONSTABLE OF MERSEYSIDE POLICE||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR J DE BONO (instructed by Merseyside Police Force Solicitors Unit, Liverpool L69 1JD) appeared on behalf of the DEFENDANT
Crown Copyright ©
"In order to safeguard the offender's interests, the following conditions must be met before a caution can be administered -
- there must be evidence of the offender's guilt sufficient to give a realistic prospect of conviction;
- the offender must admit the offence;
- the offender (or, in the case of a juvenile, his parents or guardian) must understand the significance of a caution and give informed consent to being cautioned."
"A caution will not be appropriate where a person does not make a clear and reliable admission of the offence (for example if intent is denied or there are doubts about his mental health or intellectual capacity)."
"In practice consent to the caution should not be sought until it has been decided that cautioning is the correct course. The significance of the caution must be explained: that is, that a record will be kept of the caution, that the fact of a previous caution may influence the decision whether or not to prosecute if the person should offend again, and that it may be cited if the person should subsequently be found guilty of an offence by a court."
"I admit the offence(s) above on this form for which I have now received an OFFICIAL CAUTION. I understand that this CAUTION may be mentioned in any future Court proceedings."
The relevant offence was the use of threatening, abusive or insulting words or behaviour contrary to section 5 of the Public Order Act 1986.