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Police Caution
A police caution is a formal alternative to prosecution in minor cases, administered by the police in England and Wales. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution. Accepting a caution requires an admission of guilt. Purpose A police caution (since 2005 more properly known as a simple caution) is a formal warning given by the police to anyone aged 10 years or over who has admitted that they are guilty of a minor crime. A person may refuse to admit guilt and not accept a caution, but can then be subject to criminal prosecution. A police caution as a non-statutory disposal of an offence is quite different from the caution used for the purpose of advising a suspect of their right to silence.A police caution administered to a suspect upon arrest or prior to questioning them about their involvement in a suspected offence may be phrased as: "You do not have to say anything but it may harm your defence if you do not mention, ...
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Prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar, or obtained a comparable qualification where available - such as solicitor advocates in England and Wales. They become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ensure such an office can successfully pursue the prosec ...
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Hybrid Offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. In the United States, an alternative misdemeanor/felony offense (colloquially known as a wobbler) lists both county jail ( misdemeanor sentence) and state prison (felony sentence) as possible punishment, for example, theft. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction, for example, in California, violating COVID-19 safety precautions (ranges from a $100 fine to one year in jail). Canada The power to choose under which class a hybrid offence will be tried rests with the crown counsel. Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). For most indictable offences, a person has the right to trial by jury. A hybrid offence is th ...
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Warning (traffic Stop)
When a traffic stop is made, a warning issued by the officer is a statement that the motorist has committed some offense, but is being spared the actual citation. Officers use their own discretion whether to issue a citation or warning. The motorist may receive the warning either verbally or written, but will not be charged with the offense, will not have to pay a fine, and will not receive any points. Depending on the laws of the jurisdiction, the warning may or may not appear on records visible to officers, which, if it does, could result in another stop within a fixed period of time leading to an actual citation, or in some cases, the motorist may be charged with both offenses. Criticism of warnings One criticism of warnings is the possibility that officers may offer them to some motorists and not to others based on favoritism, singling them out over factors such as their race, attractive appearance, the vehicle they are driving, the way they are dressed, or their social class. ...
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Right To Silence In England And Wales
The right to silence in England and Wales is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination. It is used on any occasion when it is considered the person being spoken to is under suspicion of having committed one or more criminal offences and consequently thus potentially being subject to criminal proceedings. History In England and Wales, the right of suspects to refuse to answer questions during their actual trial (the "right to silence", or the right to remain silent as it is now known) was well established at common law from the 17th century. The defendant was considered "incompetent" to give evidence and attempts to force defendants to provide answers, such as the efforts of the Star Chamber, were judged unlawful. Being unable to speak at their own trial, the practice of defendants giving an unsworn statement was introduced and was recognised in ...
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Police Act
Police Act is a stock short title used for legislation in India, Malaysia and the United Kingdom relating to police forces and officers. List India *Indian Police Act 1861 Malaysia *The Police Act 1967 United Kingdom *The Police (Property) Act 1897 *The Police Act 1909 *The Police Act 1919 *The Police (Overseas Service) Act 1945 *The Police Act 1946 *The Police Act 1964 *The Police Act 1969 *The Police Act 1972 *The Police Act 1976 *The Police and Criminal Evidence Act 1984 *The Police and Magistrates' Courts Act 1994 *The Police Act 1996 *The Police (Property) Act 1997 *The Police (Health and Safety) Act 1997 *The Police (Insurance of Voluntary Assistants) Act 1997 *The Police Act 1997 *The Police and Justice Act 2006 *The Police (Detention and Bail) Act 2011 The Police Acts 1839 to 1893 was the collective title of the following Acts: *The County Police Act 1839 (2 & 3 Vict c 93) *The County Police Act 1840 (3 & 4 Vict c 88) *The County and Borough Police Act 1856 (19 ...
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Street Offences Act 1959
The Street Offences Act 1959 (7 & 8 Eliz 2 c 57) is an Act of the Parliament of the United Kingdom concerning street prostitution. It was passed following the publication of the Wolfenden report which discussed the rise in street prostitution at the time. Until 2009, section 1(1) of the Street Offences Act 1959 used the old term "common prostitute" untiSection 16of the Policing and Crime Act 2009 amended it to replace the term "common prostitute" with "person". Section 2 - Procedure Section 2 of the Street Offences Act 1959 provided that a woman cautioned by a constable in respect of her conduct in a street or public place could apply by way of complaint to an authorised court. The rule was that the woman's complaint was to be heard and determined in camera, unless the woman desired that the proceedings should be conducted in public. Section 3 - Punishment of offences in connection with night cafes The provisions in sections 3(2) to (5) had effect in relation to the punishment ...
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Association Of Chief Police Officers
The Association of Chief Police Officers of England, Wales and Northern Ireland (ACPO) was a not-for-profit private limited company that for many years led the development of policing practices in England, Wales, and Northern Ireland. Established in 1948, ACPO provided a forum for chief police officers to share ideas and coordinate their strategic operational responses, and advised government in matters such as Terrorism in the UK, terrorist attacks and civil emergencies. ACPO coordinated national police operations, major investigations, cross-border policing, and joint law enforcement. ACPO designated Senior Investigative Officers for major investigations and appointed officers to head ACPO units specialising in various areas of policing and crime reduction. The last ACPO president, from April 2009 until its dissolution, was Hugh Orde, Sir Hugh Orde, who was previously the chief constable of the Police Service of Northern Ireland. ACPO was funded by Home Office grants, profits fr ...
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Police National Computer
The Police National Computer (PNC) is a database used by law enforcement organisations across the United Kingdom and other Non-Law Enforcement Agencies. Originally developed in the early 1970s, PNC1 went 'live' in 1974 providing UK police forces with online access to the Lost/Stolen vehicle database. The vehicle owners application quickly followed giving the police online access to the names/addresses of every vehicle owner in the UK. The Police National Computer started holding nominal information based on the computerisation of criminal records held by the Metropolitan Police and other police forces in the late 1970s. These CRO records could be accessed online in real-time by all UK police forces via the "Names" applications. The PNC now consists of several databases available 24 hours a day, giving access to information of national and local matters. As of 18 January 2021, Kit Malthouse said that there are 13 million person records, 58.5 million driver records, and ...
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Rehabilitation Of Offenders Act 1974
The Rehabilitation of Offenders Act 1974 (c.53) of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past. The rehabilitation period is automatically determined by the sentence. After this period, if there has been no further conviction the conviction is "spent" and, with certain exceptions, need not be disclosed by the ex-offender in any context such as when applying for a job, obtaining insurance, or in civil proceedings. A conviction for the purposes of the ROA includes a conviction issued outside Great Britain (see s1(4) of the 1974 Act) and therefore foreign convictions are eligible to receive the protection of the ROA. Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (section 139), the Act as it applies in England and Wales was updated to provide new rehabilitation periods – with most c ...
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Summary Offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (which includes all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some ...
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Director Of Public Prosecutions (England And Wales)
The Director of Public Prosecutions (DPP) is the head of the Crown Prosecution Service (CPS) and the third most senior public prosecutor in England and Wales, ranking after the attorney general and solicitor general. First created in 1879, the office was merged with that of the Treasury Solicitor five years later, before again becoming independent in 1908. The director's department and role underwent modernisation from 1944 to 1964 under Sir Theobald Mathew QC, and further expansion with the introduction of the CPS in 1985, which came under the authority of the director. Today, the incumbent bears personal responsibility for 7,000 CPS staff and the approximately 800,000 prosecutions undertaken by it every year. The director reports to the attorney general, who answers for the CPS in Parliament and makes appointments to the position, in the case of vacancy, on the recommendation of panels that include the Civil Service Commission. The current director is Max Hill KC. History ...
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