Reported and cautioned?

[un1corn]

Here's a quick one...

I won't go into specifics but I was interviewed a few months ago for a road traffic offence. It was a n offence which didn't require an NIP.

I was not arrested and interviewed voluntarily. The CPS have decided to run this offence at court. A police officer came to see me and delivered in person, a court summons to appear at magistrates court.

He simply handed me the document and advised me to follow the instructions with it. I wasn't cautioned by this officer. I wasn't told on interview that I was being reported for summons. I've never had a verbal NIP and never been actually verbally reported or cautioned, with the exception of the caution at the start of interview.

Is this right? It all sounds and feels a bit hashed together personally, or maybe I'm just looking for silly technicalities that don't matter or exist...

[CYMR0]

un1corn said:

never been actually verbally reported or cautioned, with the exception of the caution

So you weren't, except when you were.

I'm not sure what else you really expect to have happened. Certainly with non road-traffic offences, that's all you would get.

[paintman]

You were cautioned at the start of the interview as required.
The matter was referred to the CPS for a decision to be made as to if and what, relevant to the matter, action was to be taken in respect of any offences disclosed.
A decision has been made by the CPS & you have now received a summons.
The officer delivering it is not further interviewing you about the matter in question or questioning you about other matters, just being a postman so no requirement to caution you.
Read the summons which will tell you the offence(s) for which you are being prosecuted & if you have any uncertainty take it & go & see a solicitor.

Edited by paintman on Friday 7th November 09:39

[rivercatch]

Slightly OT

When you are cautioned, like the OP was at the start of the initial interview, what does it cover. Just the interview itself, any subsequent discussions, anything in writing like emails. Just that offence or anything in future?

[Vxrconvert]

rivercatch said:

Slightly OT

When you are cautioned, like the OP was at the start of the initial interview, what does it cover. Just the interview itself, any subsequent discussions, anything in writing like emails. Just that offence or anything in future?

There is actually no defined limit as to how long the caution applies to, however realistically it would be the forthcoming conversation, be that questions on the road side, a formal interview etc etc. Any new interaction which may result in evidence being gained would normally require a new caution to be made. If there was only a short break between let's say two interviews, it is good practice to caution again, but not necessarily required, just generally remind the person, remember you are still under caution. E-mails and the like are not covered in a caution, if they showed some evidence, they would be copied,seized or whatever and then you would be interviewed formally about it under caution then.

In the end, even if no caution was given, or there was doubt on it being given, the result would be that anything that had been said in the conversation may not be able to be used in court, but even then that's not a definite. it would be argued about by the relevant solicitors and then decided on by the clerk/judge depending on what court.

Edited to actually answer the Ops question. From what you have said, everything appears to have been done correctly. If in doubt, remember even if you didn't have any legal advice before, when you get to court you can ask for legal advice and consult them.

Hope that sorts of makes sense.

Edited by Vxrconvert on Friday 7th November 16:11

[CoolHands]

Another proof to never speak to police without a solicitor.

[Bigyoke]

CoolHands said:

Another proof to never speak to police without a solicitor.

Or maybe just don't break the law?

[CoolHands]

yeah go and turn yourself in for when you were speeding on the way home.

[Mill Wheel]

Bigyoke said:

CoolHands said:

Another proof to never speak to police without a solicitor.

Or maybe just don't break the law?

Another proof to never speak to police without a solicitor EVEN IF YOU HAVE NOT BROKEN THE LAW.

[paintman]

You're not being done for committing the offence. Just for being daft enough to get caught.

[ruff'n'smov]

Bigyoke said:

CoolHands said:

Another proof to never speak to police without a solicitor.

Or maybe just don't break the law?

Nope never speak to police without a Solicitor. was right 1st time

[Bigyoke]

So, does no-one think that trying not to break the law would help avoid having to speak to the Police? and when you say never, does that include reporting stuff or as a witness?

No, let me guess, you wouldn't report anything as they're useless and why should you their job for them.

[littleredrooster]

un1corn said:

Here's a quick one...

I won't go into specifics but I was interviewed a few months ago for a road traffic offence. It was a n offence which didn't require an NIP.

A Notice of Intended Prosecution is only something which applies to fixed penalty offences sent out by post, isn't it?

un1corn said:

I was not arrested and interviewed voluntarily. The CPS have decided to run this offence at court. A police officer came to see me and delivered in person, a court summons to appear at magistrates court.

He simply handed me the document and advised me to follow the instructions with it. I wasn't cautioned by this officer. I wasn't told on interview that I was being reported for summons. I've never had a verbal NIP and never been actually verbally reported or cautioned, with the exception of the caution at the start of interview.

Is this right? It all sounds and feels a bit hashed together personally, or maybe I'm just looking for silly technicalities that don't matter or exist...

Sounds more-or-less right to me...the caution at the start of the interview must have contained the right phrases which alerted you to the possibility of being reported for the offence?

[paintman]

NIP requirements:
http://www.cps.gov.uk/legal/p_to_r/road_traffic_of...
NIP not generally required after a collision.