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BarelySane

Caution Issed To Punter In Suffolk

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No it was not Baron von Klinkerhofen. thank goodness. thanks for the warning.

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How interesting when it was Ipswich where the police asked the girls to not work outdoors. Here obviously if girls have been trafficked then fair enough for the raid.

True enough so many people are under the mis-impression that a caution doesn't mean anything. It'll be on his record for 5 years now, he'll have to declare it when asked by potential employers as well as inform any household insurer.

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True enough so many people are under the mis-impression that a caution doesn't mean anything. It'll be on his record for 5 years now, he'll have to declare it when asked by potential employers as well as inform any household insurer.

Far too many people seem to believe that accepting a Caution is the same as being let off with a slapped wrist and can't wait to sign the form and get out of the station.

A Caution is not a conviction but is an admission of guilt and forms part of the offender's criminal record.

Cautions are now automatically spent and you do not have to disclose them (Schedule 10 to the Criminal Justice and Immigration Act 2008 which amends the Rehabilitation of Offenders Act 1974).

However, if a job application requires a CRB check then cautions will be revealed. Previously there were stepping down procedures and the police would not reveal them after 5 or 10 years (dependant on the offence). Following the "Five Police Forces case" in 2009 the stepping down procedure has effectively been removed. Offences will remain disclosable up to the offender's 100th birthday.

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I would love to see the guy appeal the Caution saying it was accepted under duress and that as no one has been convicted of trafficking/forcing girls to work it is not enforceable. Its probably wishful thinking on my behalf but it would piss on the bonfire of a few feminazis and make the plod think before waving around cautions and issuing PR statements to the press that could be construed as misleading.

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I would love to see the guy appeal the Caution saying it was accepted under duress and that as no one has been convicted of trafficking/forcing girls to work it is not enforceable. Its probably wishful thinking on my behalf but it would piss on the bonfire of a few feminazis and make the plod think before waving around cautions and issuing PR statements to the press that could be construed as misleading.

It's extremely difficult to get a Caution quashed by Judicial Review. Before accepting the caution the guy would have needed to have admitted guilt in a PACE compliant interview. He also would have signed the acceptance form which sets out the full implications of accepting the caution.

So unless he can prove that the police put his head in a vice and started tightening it (or something similar) then he has no chance.

The article is short on details, but the implication is that it was the 45 year old prostitute who was coerced etc. She's been held on immigration offences and another article that I found said that she's now with the UKBA. No doubt she'll soon be on the next plane home.

No actual details of coercion or force were provided. I do hope that the guy wasn't persuaded to admit guilt just on the basis that she was here illegally. If he'd denied all then there is no way that the CPS would have pursued this, especially if the 45 year old lady was back in Thailand (or wherever) with her family.

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Far too many people seem to believe that accepting a Caution is the same as being let off with a slapped wrist and can't wait to sign the form and get out of the station.

A Caution is not a conviction but is an admission of guilt and forms part of the offender's criminal record.

Cautions are now automatically spent and you do not have to disclose them (Schedule 10 to the Criminal Justice and Immigration Act 2008 which amends the Rehabilitation of Offenders Act 1974).

Suffolk's Web-site offers this policy:

http://www.suffolk.police.uk/NR/rdonlyres/C91E14B3-E46F-4420-88A5-AC39342410CA/0/BrothelsProstitutesandImportuning.pdf

which, inevitably, doesn't cover "the new offence", but, otherwise seems quite sensible and controlled.

Was this a genuine case of real coercion, or are there local political aspects to explain it?

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Suffolk's Web-site offers this policy:

http://www.suffolk.police.uk/NR/rdonlyres/C91E14B3-E46F-4420-88A5-AC39342410CA/0/BrothelsProstitutesandImportuning.pdf

which, inevitably, doesn't cover "the new offence", but, otherwise seems quite sensible and controlled.

Was this a genuine case of real coercion, or are there local political aspects to explain it?

The above document dates from 1999 and at least 5 girls have been murdered whilst working the streets in Ipswich since it was last reviewed so I guess local politics have got a bit more to do with it

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How interesting when it was Ipswich where the police asked the girls to not work outdoors. Here obviously if girls have been trafficked then fair enough for the raid.

True enough so many people are under the mis-impression that a caution doesn't mean anything. It'll be on his record for 5 years now, he'll have to declare it when asked by potential employers as well as inform any household insurer.

It can be on your record for life. A guy vistiing the states was denied entry recently for moral turpitude 25 years after the event. If you want to work for LE or defence, it may be a bonus ;)

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Moral Turpitude? You don't mean Sebastian Horsley do you? He was a real character (sadly deceased). Still on YouTube though - look up his guide to whoring...

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Man Cautioned - BBC link

I bet he did not take legal advice about accepting a caution. Will be interesting to see if it gets challenged.

Anyone see Coronation Street this week?There was a scene where the police issued a caution to a character.

What was interesting was that the cautioning officer took time to explain to the arrested woman that accepting this mean she would have a criminal record, which would show up on searches and affect some job applications etc.

I have a distinct suspicion that, most of the time, the police do not explain this to a lot of people in this manner. And so a lot of people accept them not realising the affect long-term.

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Home Office guidance on the issuing of Simple Cautions is contained in Circular 016/2008:

http://www.homeoffice.gov.uk/about-us/home-office-circulars/circulars-2008/016-2008/

Para 33. The significance of the admission of guilt in agreeing to accept a simple caution must be fully and clearly explained to the offender before they are cautioned.

Para 44. After the simple caution has been approved, it should be administered by a Custody Officer or other suitably trained person to whom this responsibility has been delegated.

Wherever possible, simple cautions should be administered at the police station. In exceptional circumstances, they may be administered at another suitable place (for example, at the home of an elderly or vulnerable offender).

The suspect should not be pressed to make an instant decision on whether to accept the simple caution. They should be allowed to consider the matter, and if need be, take independent legal advice.

The simple caution should be deemed to have been administered only when the offender has signed a form which makes clear the implications for accepting the caution. The offender should be given a copy of the form to take away.

Here's a fairly typical form which states the implications of agreeing to accept a Simple Caution:

http://www.cheshire.police.uk/pdf/Adult%20Cautioning%20Appendix%20A.pdf

Despite the above, people will often still accept a caution and sign the form without understanding or reading what they are signing.

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