In Queensland, adult cautions by police serve as a mechanism for handling low-level offences with a focus on rehabilitation. It provides a fair and efficient way of managing minor criminal offences as an alternative to formal court proceedings.
An adult caution is a formal warning administered by police officers to individuals aged 18 and over who have committed minor offences.
The main purposes of cautions are to:
To be eligible for an adult caution, individuals must:
To obtain informed consent, a police officer must provide the individual with the following information:
The police officer must also clearly communicate the following:
If the individual does not consent to receiving the caution, the officer should consider other appropriate actions.
Officers will consider various factors when determining whether to issue a caution rather than, for example, charging an offender. These include:
Cautions may be administered more than once for similar offences, depending on the circumstances.
Not every type of criminal offence is eligible for an adult caution. Police officers are prohibited from issuing cautions for certain serious offences, including:
Importantly, police officers cannot negotiate compensation on behalf of victims, and a victim’s consent is not required for administering a caution. However, officers must inform victims of the intention to issue a caution and may consider their views in the decision-making process.
If a matter proceeds by way of an adult caution during the investigation phase, the offender will not have to go to court, and a conviction will not be recorded in their criminal record.
Gilshenan & Luton are experts in the area of criminal law and have a wide range of experience resolving matters by way of an adult caution.
If you have been contacted by police about an alleged offence, you should contact Gilshenan & Luton for legal advice and assistance.
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This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact Gilshenan & Luton, Criminal & Employment Lawyers Brisbane and Sunshine Coast, Queensland.