When should you be cautioned by BIB?

[blueyes]

Friend of mine returning home early hours of Saturday morning after closing her restaurant gets pulled by Panda plod for not having the correct spacing on her number plate (I DID warn her!)The PC made her sit in the police car with young WPC while they asked her a zillion questions like where she was going, where she'd been, even what was on the menu that night, until after about 15 mins he writes her a ticket for 30 quid and gives her a producer. Only when she was leaving the police car to go to her own car did the plod officially caution her.

(Seemed all along the older copper was trying to impress the new young female plodette!)

I said I thought that this was incorrect procedure but I'd check with someone who knows.

If it is, can she get off this? (not that she deserves to but I need the brownie points!)

>>> Edited by blueyes on Monday 8th September 12:57

[outlaw]

blueyes said:

Friend of mine returning home early hours of Saturday morning after closing her restaurant gets pulled by Panda plod for not having the correct spacing on her number plate (I DID warn her!)The PC made her sit in the police car with young WPC while they asked her a zillion questions like where she was going, where she'd been, even what was on the menu tonight, until after about 15 mins he writes her a ticket for 30 quid and gives her a producer. Only when she was leaving the police car to go to her own car did the plod officially caution her. I said I thought that this was incorrect procedure but I'd check with someone who knows. If it is, can she get off this?

he shouldent have cautioned her at really as its only a motoring joby.

but if they meess up and do you can all ways have a crack and make out you dont under stand the caution

and demand to see a copy of pace that is you right

as for all the question she dident have to answer any of them.

other than give name and addres and dob.

no it dont mean she will get off shorry to say shes stuck with a 30 fine.


ps sounds like he was traing up the young one or showing off to the young wpc.

[Tivster]

As soon as any questions other than those to establish identity or ownership of something are to be asked then the conversation becomes an interview and the person must be cautioned. So with the chit chat over, the officer must then caution before asking any questions in relation to the alleged offence (other than those above). If however there were no other questions asked regarding the offence then as soon as the person was reported for the offence (or in this case given the ticket) for any response made by them to be clearly admissable as evidence, then they should first be cautioned. Road Traffic offences such as speeding are not always IMO dealt with correctly in this respect. There is no obligation to caution after being reported or given a ticket but it is good practice to do so.

Tivster


>> Edited by Tivster on Monday 8th September 13:07

[blueyes]

Thanks for that.

So even though they did the whole process, which included questions about the offence, WITHOUT cautioning her she still has to pay up?

[outlaw]

blueyes said:

Thanks for that. So even though they did the whole process, which included questions about the offence, WITHOUT cautioning her she still has to pay up?

yes

they just bugered up with the caution

the case wont rest on anything she said

if the no plate aint legal it a leagal case close.

unlees the mesured it wrougn in it is a legal plate shes banged to rights.


let me explaine more ever if you not caution in a more serous case aND YOU CAM PROVE IT ALL THAT WOULD HAPPEN IS THEY WOULD NOT BE ABLE TO USE WHAT YOU SAID AGAINST YOU IN COURT.


SO FOR THIS CASE IT WOULDENT MAKE ANY DIFRENCE

AS IT DONT MATER WHAT YOU SAY IF IT YOUR CAR AND IT GOT AN ILEGAL SPACED PLATE SCREWED ON IT.


>> Edited by outlaw on Monday 8th September 13:35

[madcop]

This question is quite clearly answered in the codes of practice in PACE 1984.

Police officers should caution as soon as they have evidence of an offence. This does not stop them asking questions before the evidence arises such as names addresses and general chit chat to find out about a persons movements prior to them being stopped.