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If someone is given a caution for common assault when they should have been charged with a more serious crime
Can they be charged with the more serious event?
Answers
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What you talk about is an unfortunate development of recent years and the answer is that if the police decide a caution is the appropriate disposal then that’s the end of the matter unless new evidence is brought to their attention.
The number of people being handed cautions has increased alarmingly. In the year to March 2011 almost 135,000 recorded...
The number of people being handed cautions has increased alarmingly. In the year to March 2011 almost 135,000 recorded...
08:28 Tue 30th Aug 2011
What you talk about is an unfortunate development of recent years and the answer is that if the police decide a caution is the appropriate disposal then that’s the end of the matter unless new evidence is brought to their attention.
The number of people being handed cautions has increased alarmingly. In the year to March 2011 almost 135,000 recorded offences were dealt with by way of a caution. Of these more than 27,000 had been committed by people with three or more previous convictions and 4,400 were committed by people who had 15 or more previous convictions or cautions to their name. Many of the offences were serious enough to have been dealt with by the Crown Court.
The original idea of a caution was quite simple. If a person committed a single minor offence they would be issued with a caution and a warning not to transgress again. If they did they would face prosecution in the normal way. One caution was all you were allowed. Now cautions are being handed out to serial offenders and for serious offences.
Much of the problem lies with the police and the criminal justice process. The amount of work involved to bring a prosecution to court is simply too great for them to handle. But in issuing cautions they are abrogating their responsibility to bring criminals to proper justice and it’s bloody scandalous.
The number of people being handed cautions has increased alarmingly. In the year to March 2011 almost 135,000 recorded offences were dealt with by way of a caution. Of these more than 27,000 had been committed by people with three or more previous convictions and 4,400 were committed by people who had 15 or more previous convictions or cautions to their name. Many of the offences were serious enough to have been dealt with by the Crown Court.
The original idea of a caution was quite simple. If a person committed a single minor offence they would be issued with a caution and a warning not to transgress again. If they did they would face prosecution in the normal way. One caution was all you were allowed. Now cautions are being handed out to serial offenders and for serious offences.
Much of the problem lies with the police and the criminal justice process. The amount of work involved to bring a prosecution to court is simply too great for them to handle. But in issuing cautions they are abrogating their responsibility to bring criminals to proper justice and it’s bloody scandalous.
Absolutely New Judge, In recent years senior police management have developed a detection culture, obessed with quick and easy detections, such as using cautions which is commonly abused to make their pie-charts a more desirable colour to justify poor performance. Front line officers are slowly losing the skills and knowledge in the investigation and preparation of prosecution cases to a conviction standard.
Thank you for the responses to my question. My son, a serving member of the Royal Navy, was assaulted from behind and the assault resulted in a fractured skull and fractured cheekbone, severe swelling to the right side of his face and his teeth went through his lip. The police in Cornwall classed this as common assault, it beggars belief.
Hi exdc,
The investigating officer left a voice mail message for my son that said the decision had been based on the medical report from the hospital that treated him. My son is now getting a copy of the report that was sent to his sickbay. But the hospital did say that he had a fractured skull and cheekbone. What I do not understand is that the photos the police took the day after the assault were testament enough to the severity of the injuries.
The investigating officer left a voice mail message for my son that said the decision had been based on the medical report from the hospital that treated him. My son is now getting a copy of the report that was sent to his sickbay. But the hospital did say that he had a fractured skull and cheekbone. What I do not understand is that the photos the police took the day after the assault were testament enough to the severity of the injuries.
Hi Donmgb
I would certainly write a letter to the divisional crime manager / divisional commander requesting details of the complete investigation and who made the decision to dispose of this matter as a caution for a common assaut and why. (ask for a reply in writing).
Out of interest what are the circs of the assault?.
I would certainly write a letter to the divisional crime manager / divisional commander requesting details of the complete investigation and who made the decision to dispose of this matter as a caution for a common assaut and why. (ask for a reply in writing).
Out of interest what are the circs of the assault?.
Hi exdc,
Thanks for your advice, I will ensure my son includes this in his letter.
The circumstances to the assault are that my son and his friends had just left a pub in the Helston area when the attacker ran at him from behind and launched himself at my son hitting him on the side of his head. The attacker weighs about 18 stone and my son is about 10 stone. It is believed that the blow caused the fractured cheek and the reulting fall to the ground caused the fractured skull.
The attacker was apprehended almost immediately by the pub doormen, my son's friends and some police that were very close by. The attacker did not know my son and told the police that he thought it was somebody else.
The day after the attack the police officer told my son that the bloke was going to be cautioned, but when my son informed him that he had fractures the policeman said that made a difference.
That was at the end of May and my son received the first contact from the police over this weekend. Someone has not been doing their job correctly. Oh and by the way this is the attackers first time in trouble or not trouble depending on your point of view.
Thanks for your advice, I will ensure my son includes this in his letter.
The circumstances to the assault are that my son and his friends had just left a pub in the Helston area when the attacker ran at him from behind and launched himself at my son hitting him on the side of his head. The attacker weighs about 18 stone and my son is about 10 stone. It is believed that the blow caused the fractured cheek and the reulting fall to the ground caused the fractured skull.
The attacker was apprehended almost immediately by the pub doormen, my son's friends and some police that were very close by. The attacker did not know my son and told the police that he thought it was somebody else.
The day after the attack the police officer told my son that the bloke was going to be cautioned, but when my son informed him that he had fractures the policeman said that made a difference.
That was at the end of May and my son received the first contact from the police over this weekend. Someone has not been doing their job correctly. Oh and by the way this is the attackers first time in trouble or not trouble depending on your point of view.
Here is your police forces pledge:
http://www.devon-corn...urPolicingPledge.aspx
9.If you have been a victim of crime agree with you how often you would like to be kept informed of progress in your case and for how long. You have the right to be kept informed at least every month if you wish and for as long as is reasonable. (ps this is compulsory, have a look on line for the victims charter).
10.Acknowledge any dissatisfaction with the service you have received within 24 hours of reporting it to us.
http://www.devon-corn...ce/Pages/default.aspx
When you report a crime to us you are taking the first important step to bringing offenders to justice. We will do everything we can to detect the crime and apprehend the person or people responsible.
(THERE is that word DETECT again !!!!!)
http://www.devon-corn...urPolicingPledge.aspx
9.If you have been a victim of crime agree with you how often you would like to be kept informed of progress in your case and for how long. You have the right to be kept informed at least every month if you wish and for as long as is reasonable. (ps this is compulsory, have a look on line for the victims charter).
10.Acknowledge any dissatisfaction with the service you have received within 24 hours of reporting it to us.
http://www.devon-corn...ce/Pages/default.aspx
When you report a crime to us you are taking the first important step to bringing offenders to justice. We will do everything we can to detect the crime and apprehend the person or people responsible.
(THERE is that word DETECT again !!!!!)
@Donmgb,
A fractured cheekbone is specifically cited by the CPS as an example of GBH:
http://www.cps.gov.uk...s_against_the_person/
And the sentencing guidelines for basic GBH with Intent (assuming Intent applies) suggest a range of 3-5 years custody:
http://www.cps.gov.uk...ily_harm_with_intent/
This is a long way removed from common assault and a caution.
Good luck following this up.
Your son should also contact CICA as he should be eligible for compensation if he was - in their terminology - a 'blameless victim'.
A fractured cheekbone is specifically cited by the CPS as an example of GBH:
http://www.cps.gov.uk...s_against_the_person/
And the sentencing guidelines for basic GBH with Intent (assuming Intent applies) suggest a range of 3-5 years custody:
http://www.cps.gov.uk...ily_harm_with_intent/
This is a long way removed from common assault and a caution.
Good luck following this up.
Your son should also contact CICA as he should be eligible for compensation if he was - in their terminology - a 'blameless victim'.
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