Post
by x-ray » Sat Oct 09, 2010 5:43 pm
Charge:
When you are charged with an offence you are given a charge sheet, containing details of the offence of which you are charged, when and where you are due to appear in court and the conditions of your bail.
Once you are charged you should not usually be asked any further questions unless, perhaps, new information has come to light.
Caution:
Once a police officer has reason to believe that you have committed an offence, he or she must caution you by explaining that it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
After questioning you, the police must decide what to do next. If there appears to be enough evidence, they can:
* Charge you with the offence;
* Send the papers to the Crown Prosecution Service, for them to decide whether to charge;
* Arrange to issue you with a formal caution.
This is a strong warning from a senior police officer reminding you that you could have been sent to court, and that if you commit further offences, that is almost certainly what will happen. Formal cautions are given more often now because the re-offence rate is lower amongst those who do not go to court, but a caution can be given, only if the person admits guilt.
If the police feel there is not enough evidence to make a charge, they will either decide to take no further action, (and the case against you will be dropped), or will delay any decision while further enquiries are made.
It is up to you if you want to declare this incident on the form. If you do declare it, it will not have any major impact on your ILR.