Police proceedure

[maximilian]

What is the difference between being cautioned and charged?

[Fish the Mod]

A caution is generally a ticking off and cannot be classed as a conviction which would go on your records. Charged until proving guity will be kept on record and means the Police are nearly sure you commited the offence. I was once cautioned for Drunk and Disorderly and had a ticking off by the top cop and if I didnt commit an offence within the next couple of years- all would be forgotten. Being charged is serious, you will go to court.

[SarahBelle]

Kos - Mod The Fish is nearly right, but it is not the Police who make the decision to whether somebody goes to court or not - that's the CPS' role. Also if you are cautioned this will be recorded against your details, but you only get a criminal record if you are found guilty of the offence at court. A criminal record is with you for life. I belief a cation is not valid after 5 years. Bit confusing?! I think that's right. SarahBelle.

[Donkey]

Fish mod .. its not down to if the police or CPS are nearly sure you done the crime its down to if they are sure you havent got enough evidence to prove you didnt. The CPS this year charged me with something and said that the reason they where charging me was what they had seen it on the CCTV. I asked for this to be brought to court... Needless to say neither the so called victim or the CCTV ( which i new could not excit as i didnt do it ) was brought to court. sorry rant over went away from the question a bit..

[thgrimreaper]

Actually you only receive a caution if you admit to the offence, and the police do not feel it is necessarily in the public interest to refer the matter for prosecution - using the cps. The caution is recorded against your name for 2 years (in most cases). If you reoffend within that time, it can be brought up again in court. You can only be charged if the cps think there is a "better than reasonable prospect of success" of your being found guilty. Remember, for any criminal offence to have ocurred, it is necessary to prove three things: (a) That you did it (b) That it was an intentional act and (c) That you knew what you were doing was illegal. The latter is called Mens Rea, meaning "bad intention". Without being able to prove it, you have committed no crime. For example, if you were drunk and disorderly then you could defend your conduct by saying that your drinks were "spiked". In that way you did not intend to become drunk, and it is for the police to prove otherwise.