NCJ Number
43592
Date Published
1976
Length
34 pages
Annotation
THE USE OF THE FORMAL POLICE CAUTION AS AN ALTERNATIVE TO PROSECUTION IN ENGLAND AND WALES IS REPORTED.
Abstract
FOR INDICTABLE OFFENSES, THE FORMAL CAUTION USUALLY INVOLVES AN ORAL WARNING BY A SINIOR UNIFORMED OFFICER CONCERNING THE OFFENDER'S CONDUCT AND THE POSSIBILITY OF FUTURE PROSECUTION IF ANOTHER OFFENSE IS COMMITTED. THE CAUTION CAN ONLY BE ISSUED IF THE OFFENDER ADMITS GUILT, IF THE POLICE FEEL THEY HAVE A PROVABLE CASE, AND IF THE COMPLAINANT DOES NOT INSIST ON PROSECUTION. THE MAJORITY OF CAUTIONED OFFENDERS ADMITTED TO THEFT OFFENSES, PARTICULARLY SHOPLIFTING AND MINOR THEFT. PRIOR TO PASSAGE OF THE CHILDREN AND YOUNG PERSONS ACT OF 1969, ABOUT ONE-THIRD OF JUVENILE OFFENDERS AGED 10 TO 13 YEARS AND ONE-FIFTH OF THOSE AGED 14 TO 16 YEARS WERE CAUTIONED RATHER THAN SENT TO COURT. BY 1974, TWO-THIRDS OF THE YOUNGER GROUP AND ONE-THIRD OF THE OLDER GROUP WERE BEING CAUTIONED. ANALYSIS OF OFFENSE STATISTICS BEFORE AND AFTER PASSAGE OF THE ACT, WHICH GAVE STATUTORY RECOGNITION TO THE PRACTICE OF CAUTIONING, REVEALS THE SIGNIFICANT IMPACT OF THE INCREASED USE OF CAUTIONING ON THE NUMBERS OF JUVENILE OFFENDERS FOUND GUILTY IN COURT. UNEXPECTED CONSEQUENCES OF THE INCREASED USE OF CAUTIONING MAY HAVE INCLUDED SLIGHT INFLATIONS IN REPORTED JUVENILE OFFENSE RATES AND THE CURTAILMENT OF TRADITIONAL JUVENILE LIAISON WORK. THE DATA ALSO REVEAL CONSIDERABLE VARIATIONS IN CAUTIONING PRACTICES AMONG POLICE FORCES. SUPPORTING DATA ARE INCLUDED.