Police Cautions And Bail
Andrew Moxon (Solicitor) gives expert video advice on: What is the difference between a caution, reprimand and a final warning?; Do I get a criminal conviction if I am cautioned?; What happens if I don't receive bail? and more...
What is a caution?
A caution is a formal notorious warning which is given by the police to adult offenders. Generally, it is given by the police when someone has committed a minor offence, they've admitted to that offense and they are willing to accept that caution.
What is a reprimand?
A reprimand is a formal police warning that is given to people aged 17 or under. A reprimand is a first warning. It is given generally by the police to those offenders who have committed a minor offence, have admitted the commision of that offence, are prepared to be given a reprimand and have not been reprimanded, warned or recieved a conviction previously.
What is a final warning?
A final warning is really what it says it is: it is a final warning. It is given to people who are aged 17 or under. A final warning is generally given by the police for minor offences, where the offender has admitted the offence, agrees to be warned, and has not received any convictions previously. A lot of offenders that are given a final warning have already had a reprimand, but the final warning is their final chance. After that, if they commit another offence, they will be prosecuted.
What is the difference between a caution, reprimand and a final warning?
A caution is a formal recorded warning that is given to an adult offender. A reprimand and a final warning are formal recorded warnings that are given to those people aged 17 or under. The difference between a reprimand and a final warning is that a reprimand is a first warning, and a final warning is either a second warning or, in fact in more serious cases, the only warning that is given.
Will my cautions, reprimands and final warnings remain on file?
Your cautions, reprimands, and final warnings will be kept in the police records, so that they can access those records in case you get arrested again.
Do I get a criminal conviction if I am cautioned?
If you are cautioned by the police, you do not have a criminal conviction.
What is 'remand'?
Remand is what happens to you after you are charged by the police with a criminal offence. You can either be remanded in custody, or remanded on bail.
What is 'unconditional bail'?
Unconditional bail is what you are on if you are charged by the police and remanded on bail without conditions. That means that the police have released you from the police station and have told you a time and a date to go to court, but they have not imposed any conditions on your bail.
What is 'conditional bail'?
Conditional bail is when you are charged by the police and released to go to court, but they have imposed conditions on your bail. The most usual conditions that are imposed on people's bail are, for example, a condition of residence - when you have to live and sleep at a particular address - or a condition that you are not to contact a particular person or go to a particular area or address.
Does everyone who gets charged receive bail?
Not everybody who's charged gets bail. Once you are charged with an offence, it is up to the custody officer to decide whether you should be granted bail, or whether you should be kept in custody and produced in court, in custody.
What happens if I don't receive bail?
If you do not receive bail, then you will be kept in custody by the police at the police station, and you will be produced at the magistrate's court in custody.
What do I do if I feel unfairly treated by the police?
If you feel unfairly treated by the police, you can always make a complaint to the police. They have their own complaints procedure which governs unfair treatment. You can also get advice from a solicitor as to whether you have any grounds to sue the police, for example, for their mistreatment of you.