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Under police caution for a vehicle defect??

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Lucozade_Lil | 13:47 Tue 05th Oct 2010 | Criminal
29 Answers
i was pulled over last night and told i had a defective headlight. i was asked to go into the back of the police car to sort out some details. as i have never been pulled over before i was very frightened and now i can't really remember what was said!! i do remember him saying something about arrest and caution, and him saying the "you do not have to say anything but anything you do say may be given in evidence" speech, and i was given a vehicle defect form to recify the fault (which i have now done and sent off) he then let me go. now obviously none of you were there so you can't really tell me what happened, but i do know that i was not arrested as they would have taken me to the station, but its the caution bit im confused about. was i given a police caution? i didn't sign anything other than the vehicle defect check form, or was i just under caution when he was dealing with me? i have no idea if i've now got a police caution or they just let me off!!!
can anyone tell me the ins and outs of what just happened???
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That's not a police caution , as in 'accepting a police caution'. It's just the form of words which the law requires an officer to say when he wants to question someone or speak to them when he suspects an offence has been committed and that they've committed it.It tells them of the right to stay silent but adds that if they don't say something which they later rely on in their defence their failure to say it may harm their defence (e.g. because the suggestion may be that the defence is a late invention)
A police caution is a formal procedure at a police station whereby a person is told that they can accept a police caution, which would amount to an admission of the offence., .Accepting the caution means that they won't be convicted of the offence in court.It's a way of disposing of cases without going to the expense and trouble of securing a conviction. That's not your case.
Question Author
so basically, as ive had my car fixed and sent proof of that to them, that will be the end of it?
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and i have no police record?
"so basically, as ive had my car fixed and sent proof of that to them, that will be the end of it?"

Yes.
And, you will have no police record.
Should be the end of it without a Police Record.
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fab. thanks 4 the advice
What Fred said is correct all it means if you 1) Got the strop and refused anything you said after caution could be used to prosecute. 2) If you didn't get it done, you couldn't then say you were unaware of the requirement.

Basicaly is CYA for Policemen
It depends what you mean by "Police Record".

Is there a criminal record of a conviction? - NO
Has a record of this incident been placed on the Police National Computer? - YES
Question Author
how long does it stay on the pnc for
It sounds a bit excessive for a defective headlight.

Did he really say you were under arrest?

Are you sure there isn't more to this story?
Question Author
no, he didn't say i was under arrest. he said you are not under arrest but i am going to caution you
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and then he said that thing they say that goes someting along the lines of you do not have to say anything but anything you do say may be given in evidence.
I thought that was usually said when they arrest someone, but I'm no expert.
you have to be cautioned if they believe you may have committed an offence. if they don't caution you, anything you've said is not admissible as part of a prosecution.

"you do not have to say anything but it may harm your defence if you do not mention when questioned anything which you later rely on in court. anything you do say may be given in evidence".
It does all sound a bit strange for a defective headlight Lucozade.
that's what I thought too, Hopkirk. It all sounds a bit OTT, doesn't it? As if Lil was lucky she didn't get sent off to Abu Ghraib for her headlight.

Everyday tyranny under the ConDem government!
but Sara, if he's not going to charge her with anything, there won't be any prosecution or defence.
It's standard procedure.

You were pulled over for a Construction & Use offence (defective headlamp), not arrested but dealt with under caution.
PC decided to dispose of offence via VDRS.
If you do not comply with the VDRS you leave yourself open to prosecution in 14 days time (at which time the caution would become relevant in regard of evidence).

Compliance with the VDRS will result in no further action.

The police will have a record of this interaction but it is nothing to worry about. Besides the PNC already contained a record of you and your vehicle along with every other licensed driver and registered vehicle.
What happened to the ..."Anything you say may be taken down and used against you"
Rather than the " You do not have to say anything blah blah blah"?

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