|Posted: 10 February 2010 at 05:50 | IP Logged
Ashy, I personally think that this was entirely acceptable and correct. Your client was arrested for an offence witnessed by police. On speaking to the IP or his apprioriate they have expressed a wish for the matter to be dealt with outside the CJS process.
An interview would be necessary IMO because there will always be a possibility that your client may not complete the resolution requested (ie letter of apology). If they didnt complete it then we should be in a position to prosecute or look at other methods of disposal.
It would show poor foresight and investigative skill to not obtain sufficient evidence not negate a NG plea in the event a resolution wasnt completed. If we dont interview or obtain statements and they dont complete the resolution what evidence do we have...we cant now really re interview can we...he`s been arrested for that offence already and there is hardly "new" evidence to allow us to re-arrest. neither can we bail from the police station to allow people to complete the resolution. The only option is to release from custody unconditionally. Hence prior to this we need to have obtained all required admissable evidence so int he even on non completion we can report for summons.
Local resolutions should really be a non custody option but there will always be a possibility that after an arrest it becomes apparent one is applicable. In this case and the event of a solicitor needing disclosure i would indeed put across the point that the IP wishes a local resolution. Especially were the evidence of the offence is strong - such as a police officer witnessing the offence! It will surely allow a solicitor to correctly adivse a client were there is a possibility of such a disposal.
Kelly, Im confused, to be given a caution your client had to accept his role in the offence...why would you advise he accept a caution if the circs were as above?
We can only offer a caution, we cant just administer one. The basic premis being that if they dont accept the caution we are in a position to charge.
EDIT: Sorry Kelly i got the wrong end of the stick i see what you mean now.Yes that does appear to be totally inappropriate. Hell even a caution seems wrong..."Not so serious as to charge???"
Edited by MattD on 10 February 2010 at 06:02