MoJ - When They Say 'Facts, They Mean 'Law', 'Beliefs' And 'Lies'

5 February 2014; 

Policy paper Criminal Justice and Courts Bill: fact sheets

Organisation: Ministry of Justice
Page history: Published 5 February 2014
Applies to: England and Wales
Collections: Criminal Justice and Courts Bill

"15 fact sheets that accompany the Criminal Justice and Courts Bill"

https://www.gov.uk/government/publications/criminal-justice-and-courts-bill-fact-sheets

Criminal Justice and Courts Bill

https://www.gov.uk/government/collections/criminal-justice-and-courts-bill

Criminal Justice and Courts Bill impact assessments

https://www.gov.uk/government/publications/criminal-justice-and-courts-bill-impact-assessments

"Slap On The Wrist" - Oh Grayling, You Fraud .... 'Tough' On Crime - Pay The Price

Sunday 29 September 2013 08.57 BST

Cautions to be scrapped for serious [sic] offenders, says Chris Grayling

"Justice secretary says simple cautions [hahahahaha] for crimes including rape and manslaughter are 'unacceptable and unfair' to victims

Chris Grayling: police will no longer use cautions for sexual offences against children, possession of an offensive weapon or supplying class-A drugs.

Serious offenders will no longer receive a mere "slap on the wrist", the justice secretary has said, as he announced an overhaul of the cautions system.

Chris Grayling said he was scrapping simple cautions, which do not involve any form of punishment, for serious crimes such as rape, manslaughter and robbery.

Police will no longer use them for sexual offences against children such as child prostitution or pornography, possession of an offensive weapon or supplying class-A drugs, he said."

"They were also used to deal with a raft of offences related to children, including seven for child prostitution and pornography, 183 for taking, distributing or publishing indecent photographs of children, 268 for possession of indecent photographs of a child, and 1,560 for cruelty or neglect of children.

""Quite simply this is unacceptable and unfair on victims" [no victims, above, Chris - please feel free point out my 'victim', from my charge sheets - oh, there isn't one]

"The new guidance for police forces comes as a review is launched into the use of all out-of-court disposals, such as penalty notices, that Tories hope will show "if you break the law, you will not escape the law".

http://www.theguardian.com/uk-news/2013/sep/29/cautions-scrapped-serious-offenders-chris-grayling?CMP=twt_fd

Tough justice for those who watch [not illegal] child porn: Grayling announces perverts [offensive and inflammatory] will no longer escape with 'slap on the wrist' in crackdown on soft [sic] punishments 

http://www.dailymail.co.uk/news/article-2437933/Child-porn-perverts-longer-escape-slap-wrist-says-Chris-Grayling.html

It's time to stop knife criminals getting off with a slapped wrist: Minister's message after jail encounter with Woolwich stabbing suspects

http://www.dailymail.co.uk/debate/article-2437033/Chris-Grayling-Justice-Secretary-says-time-stop-knife-criminals-getting-slapped-wrist.html

Chris Grayling scraps simple cautions for serious offences

http://www.bbc.co.uk/news/uk-24321716

Justice Secretary Chris Grayling promises to ban soft justice

http://www.express.co.uk/news/uk/433011/Justice-Secretary-Chris-Grayling-promises-to-ban-soft-justice

Police face ban on cautions for violent criminals

http://www.telegraph.co.uk/news/uknews/crime/10341873/Police-face-ban-on-cautions-for-violent-criminals.html

Government to scrap ‘simple’ cautions for serious offences

http://www.economicvoice.com/government-to-scrap-simple-cautions-for-serious-offences/

Crackdown on cautions for serious crimes

http://www.thetimes.co.uk/tto/news/politics/article3882092.ece

Criticism over England sex offence cautions

http://www.bbc.co.uk/news/uk-england-24299696

Tories to get tough on serious criminals to court voters

http://www.dailystar.co.uk/news/latest-news/341683/Tories-to-get-tough-on-serious-criminals-to-court-voters-

*****

6:00PM BST 01 Oct 2013

Retiring magistrate warns of 'dismay' over soft justice [sic]

http://www.telegraph.co.uk/news/uknews/law-and-order/10348013/Retiring-magistrate-warns-of-dismay-over-soft-justice.html

Wasting Police Time? That All?

Thursday, August 01, 2013

Woman cautioned for making false allegation of serious sexual assault

"An 18-year-old woman from London was yesterday cautioned for wasting police time following a false allegation of sexual assault.

Several units were called to the Cox Lane area of Ewell at around 6.45am on Sunday, 30 June after the woman was found in a distressed state and claimed she had been the victim of a serious assault."

http://www.thisissurreytoday.co.uk/Woman-cautioned-making-false-allegation-sexual/story-19597812-detail/story.html#axzz2ajwkasPF

Take Caution

July 2013

Police interviews - chess with consequences

"Joseph Kotrie-Monson of Mary Monson Solicitors discusses police interviews and the practical effect of the caution

‘You do not have to say anything unless you wish to do so, but it may be held against you if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence. So goes the caution. They sound like fairly harmless words. Anyone who is arrested or interviewed gets to hear them. Probably most people being arrested are understandably too shocked or dazed for the words to actually go in. But what do they actually mean for a criminal case?

Well the meaning is actually straight-forward.The first part is that you have a right to silence. No-one can force you to speak. (We'll talk about the tactics police or other investigators may use to interfere with that right to silence later). The rule goes, going back a thousand years to Magna Carta, that it's up to the prosecution to prove guilt. You don't have to prove your innocence by providing your story ..."

http://www.insidetime.org/articleview.asp?a=1532&c=police_interviews__chess_with_consequences

Cautions are ‘not a soft option’ for criminals, says police chief

http://www.sunderlandecho.com/news/crime/cautions-are-not-a-soft-option-for-criminals-says-police-chief-1-5900220

We Are Bringing Keyzsexyplace Back

Created on 06/28/2013 11:37 AM by Editor 
Updated on 06/28/2013 01:14 PM by Editor 

Were you accused of visiting Keyzsexyplace?

"David Stanley lost his life because of this web site. Hundreds of others have been ruined by it. During the failed Operation Ore High Court appeal in 2010, the police expert witness [Dr Nick Sharples] finally admitted that subscriptions to this web site were fraudulent. There is in existence an instruction to the police to ignore alleged subscribers to this web site.

If you were cautioned because of this site your reputation and career may be in ruins, because you are on the SOR and other police records.

Now is the time to fight back and recover your honour.

This is just one of the many loose bricks in the discredited edifice of Operation Ore, which ruined thousands. Despite official resistance, it is being slowly and painfully dismantled. The successes to date ..."

http://www.inquisition21.com/index.php?module=pagemaster&PAGE_user_op=view_page&PAGE_id=308

Message to those cautioned under Operation Ore

http://www.inquisition21.com/index.php?module=pagemaster&PAGE_user_op=view_page&PAGE_id=307

A Good Start

30/5/13

DBS start filtering cautions and convictions

"As some of you may have seen from the news, the Disclosure & Barring Service (DBS) has started, as of yesterday, a process of ‘filtering’ for cautions and convictions held on the Police National Computer.

Today, we’ve published our own detailed guide on how the DBS filtering rules will work. This can be downloaded here (http://www.unlock.org.uk/userfiles/file/informationhub/dbsfilteringprocess.pdf) .

Although we’ve known this has been coming for quite a few weeks now, it wasn’t until last week that we found out exactly when it would be coming into force. It wasn’t until yesterday when, along with everybody else, we got a chance to see the guidance that the DBS had written and, in particular, saw the full list of offences that are exempt from filtering."

UNLOCK

http://unlock.org.uk/staticpage.aspx?pid=97

*****

"Applicants’ rights

Usually a job applicant has no legal obligation to reveal spent convictions. If an applicant has a conviction that has become spent, the employer must treat the applicant as if the conviction has not happened. A refusal to employ a rehabilitated person on the grounds of a spent conviction is unlawful under the Rehabilitation of Offenders Act (ROA)1974.

Certain areas of employment that are exempt under the ROA 1974 (Exceptions) Order 1975 [also The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2012], for which employers may ask about spent convictions. This is known as asking an exempted question. When answering, the applicant would have a legal obligation to reveal spent convictions.

The code of practice states that information on a DBS certificate should only be used in the context of a policy on the recruitment of ex-offenders. This is designed to protect applicants from unfair discrimination on the basis of non-relevant past convictions. The DBS has developed a specimen policy on the recruitment of ex-offenders to help guide organisations.

The minimum age at which someone can be asked to apply for a DBS check is 16 years old.

To find out more information about who is eligible for a DBS check consult the DBS check eligibility guide".

*****

"The Ministry of Justice has stated that organisations should not insist that a DBS check forms part of a recruitment exercise or bid when tendering for contracts, unless the services provided meet the criteria for an eligible DBS check as defined by the exceptions, as this would breach employment law.

Standard checks – To be eligible for a standard level DBS check the position must be included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975.

Enhanced checks – To be eligible for an enhanced level DBS check, the position must be included in both the ROA Exceptions Order and in Police Act Regulations.

Enhanced checks with children’s and/or adults’ barred list check(s) – To be eligible to request a check of the children’s or adults’ barred lists, the position must meet the new definition of regulated activity. There are a small number of other positions for which you can also request list checks."

DBS check eligibility guide

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/152795/eligibility-guidance.pdf

*****

DBS check requests: guidance for employers 

https://www.gov.uk/dbs-check-requests-guidance-for-employers

*****

2/6/13

Response from Ministry of Justice (Jeremy Wright)

"IMPLEMENTATION OF REFORMS TO THE REHABILITATION OF OFFENDERS ACT 1974

The critical prerequisite for the commencement of the reforms is to put in place a system for producing basic disclosure certificates, which show unspent convictions, which reflects the new rehabilitation periods in England and Wales. Until we do that there would be no way for an individual to obtain an official statement of their unspent convictions under the new rules.

Currently, basic disclosures reflecting the existing rehabilitation periods are available from Disclosure Scotland and this service is provided to residents of England and wales as well as scotland. However, the reforms to the RoA only revise rehabilitation periods for England and Wales, leaving the position in Scotland unchanged under its legislation. This complicates matters and creates two different rehabilitation regimes within the UK.

One option to address this situation is to agree with Disclosure Scotland that they will provide two differential basic disclosure services, one reflecting the rules in Scotland and the other the rules in England and Wales. Another option is for the Disclosure and Barring Service to initiate a basic disclosure service for England and Wales which adheres to the reformed rules in this jurisdiction. Neither of these options is straightforward and there are significant business and technical issues to work through.

Whilst this Department leads on the rehabilitation of offenders regime, it is the Home Office which has oversight of the Disclosure and Barring Service and the Scottish Government which has overall responsibility for Disclosure Scotland.

I cannot give a specific commencement date at present, but I recognise the frustration the delay is causing and can only reiterate that our aim is to have the reforms in place at the earliest possible point."

http://forum.unlock.org.uk/default.aspx?m=22010&f=22&p=1#m22012

Former Norwich Judges - Stupid, Ignorant Or Senile?

Former Norwich judge’s concern over cautioning sex offenders

"Judge’s Verdict

Obviously each case turns on its own facts, but there is a real problem with cautioning since it is not designed to prevent re-offending. For a start the perpetrator is not put on the sex offender’s register. In all cases of sexual offending the court would require a probation report to investigate whether a defendant required further treatment or had underlying problems. There is, therefore, no public accountability for such offending."

http://www.edp24.co.uk/news/crime/former_norwich_judge_s_concern_over_cautioning_sex_offenders_1_2188208

Allow us to assist - edp24 contacted.

The OSC

Ladies And Gentlemen - May We Present, To You, Mr Stephen Nolan (Part 1)

Mr Stephen Nolan
Fear-Mongering, Zealot, White Knight or Gullible, Principled, Investigative Reporter?

Dr Oldfield, once again, contacts Stephen, on behalf of The OSC ...

***** 
 
To: nolan@bbc.co.uk
Subject: Come on Stephen, get up-to-speed ...
4/3/13;19:48

*****

Stephen,

You are at it, again ... 

"... taking away the court's ability ... that sex 'offender' is walking back onto the streets, with no curfew, no, no restrictions, no probation around them, whatsoever ..." - Stephen Nolan sits in (3/4/13), http://www.bbc.co.uk/programmes/b01rlr62

You really are a tool, sometimes, Stephen ...

*****

"2. Notification Requirements

2.1 What the requirements are

The notification requirements for those convicted or *****cautioned***** for sexual offences (commonly referred to as the ‘sex offenders register’) were initially introduced to England, Wales, Scotland and Northern Ireland as part of the Sex Offenders Act 1997. This system, which applied retrospectively, was amended under Part 2 of the Sexual Offences Act 2003 meaning that relevant offenders were required to notify certain personal details to the police in their area. These included:

>Name and any aliases;

>Date of birth;

>National Insurance number;

>Main address and any addresses at which they reside for more than 7 days in 12 months;

>Foreign travel plans of three days duration or more

>Any changes to the above details.

However, under the Sexual Offences Act 2003 (Notification Requirements) (England & Wales) Regulations 2012, since the August 2012 those subject to notification requirements are also required to:

>Notify the police of all foreign travel (including any period of less than three days);

>Notify weekly where they are not registered as regularly residing or staying at one place (i.e. where a registered sex offender has no sole or main residence and instead must notify the police of the place where he can regularly be found);

>Notify where they are living in a household with a child under the age of 18. Under the changes, those subject to the notification requirements will be required to notify when residing or staying in a relevant household for a period of at least 12 hours with a child who is under the age of 18;

>Notify bank account and credit card details. This has been explained by the Home Office as being necessary to tackle Internet child pornography. Whilst the legislation requires notification of bank accounts, credit and debit cards held by the offender or jointly, it does not require details of accounts, credit or debit cards held independently by family members to be provided.

*****

March 12, 2013

Solicitors to challenge to Sex Offenders Registration Rules 

http://www.factuk.org/solicitors-to-challenge-to-sex-offenders-registration-rules

*****

>Notify information about their passports or other identity documents at each notification. This provision has been put in place purportedly to stop individuals from seeking to avoid being on the register when they change their name.

These details must be provided in person at a nominated police station within 3 days of the conviction or caution and must be updated on an annual basis. For a list of the police stations which can accept notifications, click here. Individuals subject to the requirements are also routinely photographed when making a notification. Failure to comply with the notification requirements is a criminal offence punishable by up to 5 years imprisonment.

These requirements are reflected in updated guidance published by the Home Office, which provides useful and detailed information about how these requirements work in practice. It also has a useful FAQ document available to download."

http://www.unlock.org.uk/xoffenders.aspx?sid=125

*****

Sex Offenders' Register [sic]

"The sentence received is used to calculate the period for which the offender will be subject to notification requirements. These are set as follows:

>Life Imprisonment, Imprisonment for 30 months or more, imprisonment for public protection and admission to hospital under restriction order - INDEFINITELY

>Imprisonment for more than 6 months but fewer than 30 months - 10 YEARS

>Imprisonment for 6 months or less or admission to hospital without restriction order - 7 YEARS

>*****Caution - 2 YEARS*****

>Conditional Discharge - PERIOD OF CONDITIONAL DISCHARGE

>Any other - 5 YEARS"

http://www.yourrights.org.uk/yourrights/privacy/spent-convictions-and-the-rehabilitation-of-offenders/retention-and-disclosure-of-information-about-your-convictions-and-other-involvement-with-the-police/sex-offenders-register.shtml

*****

"Sexual Offences Prevention Orders (SOPOs)

>Legislation Sexual Offences Act 2003 s 104-113

>Maximum length Indefinite (SOA 2003 s 107(1)(b))

>Minimum length 5 years (SOA 2003 s 107(1)(b))

>Which court can make an order? Youth Court, Magistrates’ Courts, Crown Courts

The basics

These orders are civil behaviour orders or ‘preventive orders’ imposed upon conviction (‘post-conviction orders’) or upon complaint (‘stand-alone orders’). The former are by far the most common.

The orders specify terms which prohibit the person subject to the order from doing certain things. The orders are targeted at sexual offending and are designed to prevent the commission of acts or offences which would cause serious sexual harm to another person.

SOPOs are from the same family as ASBOs. A SOPO operates in a similar way to an ASBO in that it is preventative in nature, targeted at the behaviour of the person subject to the order. Consequently, many of the principles are the same.

Power to order

Stand-alone orders

The power is a discretionary power.

A Chief Officer of Police may by complaint make an application if a) it appears that that the defendant has been convicted of a Schedule 3 offence (list here) or a Schedule 5 offence (list here), or if he has been *****cautioned***** for such an offence, and b) the defendant has acted in a way as to give reasonable cause to believe that an order is necessary.

(SOA 2003 s 104(1) and (4))"

http://ukcrime.wordpress.com/2012/09/13/sexual-offences-prevention-orders-sopos/

*****

The system can [and does] easily place many odious restrictions, if it so chooses (or, more to the point, if they are 'needed').

Can you see how you spread unwarranted fear and disinformation? Naughty lad ...

... get some knowledge (but, not from your 'expert' barrister buddy ;) ).

Will have your piece up, soon. Will let you know.

Nigel.
p.s. please confirm that you received this email.

*****

The OSC

Caution

PUBLISHED: 23:29, 3 November 2012 | UPDATED: 11:00, 5 November 2012

Police cautions lead to a 100-year criminal record that can wreck prospects of getting a job or going to university

"Growing numbers of people are being turned down for jobs and university places because they accepted police cautions for minor offences without realising they would give them a criminal record.

New figures show that cautions showed up on 153,000 Criminal Records Bureau checks carried out last year, allowing employers to stop candidates working with children or in health and social care.

Young people caught shoplifting or taking part in drunken pranks are agreeing to sign the statements in the mistaken belief they will be wiped from databases after a few years, not realising that they remain on file until they turn 100."

http://www.dailymail.co.uk/news/article-2227522/Police-cautions-lead-100-year-criminal-record-wreck-prospects-getting-job-going-university.html#ixzz2BYlMNohp

Published on Tuesday 6 November 2012 09:39

Fury as dozens of sex offenders let off with cautions

"Dozens of sex offenders and paedophiles [sic] in Lancashire have been let off with cautions, 
figures have revealed.

Figures obtained under the Freedom of Information Act show Lancashire Police gave out 68 cautions for sex offences in 2011.

Among them, 12 unconditional cautions, two reprimands and three warnings were issued for sexual assaults on a females aged 13 and over.

And one unconditional caution and three warnings were given out to people for sexual assault on females under 13-years-old.

One warning was given for sexual activity involving a child under 13 and a further two unconditional cautions were given for soliciting for the purpose of prostitution.

Figures from 2006 show that two cautions, eight unconditional cautions, one reprimand and six warnings were given out for sexual assault on a female aged 13 and over.

And for sexual assault on a female under 13-years-old there were two unconditional cautions and one warning.

Other figures for 2006 show that there was one unconditional caution for the rape of a female child under 13, one unconditional caution for sexual grooming and two unconditional cautions for soliciting for the purpose of prostitution.

The number of cautions, warnings and reprimands for all offences has reduced overall."

http://www.lep.co.uk/news/local/fury-as-dozens-of-sex-offenders-let-off-with-cautions-1-5096535

CHILD RAPISTS LET OFF WITH POLICE CAUTIONS 

http://www.express.co.uk/posts/view/363457

Hundreds of sex offenders escape with cautions

http://www.telegraph.co.uk/news/uknews/law-and-order/10011210/Hundreds-of-sex-offenders-escape-with-cautions.html

Police hand out 53 warnings [sic] for sexual offences in just one year

http://www.manchestereveningnews.co.uk/news/greater-manchester-news/greater-manchester-police-issued-53-2997156 

60 police cautions for sex offenders in Devon and Cornwall last year 

http://www.thisisplymouth.co.uk/60-police-cautions-sex-offenders-Devon-Cornwall/story-18787832-detail/story.html#axzz2ROqgOd5W

Cautions for sex crimes and burglary

http://www.lutontoday.co.uk/news/local/cautions-for-sex-crimes-and-burglary-1-5073925

ACPO comment on restorative justice and community resolutions

http://www.acpo.presscentre.com/Press-Releases/ACPO-comment-on-restorative-justice-and-community-resolutions-218.aspx

Rape Cautions Issued By Met Police

http://www.huffingtonpost.co.uk/2013/05/13/rape_met-police-sexual-assault-cautions-_n_3265142.html?utm_hp_ref=uk

Suffolk/Essex: Sex offenders should face court, grieving mum of abuse victim insists

http://www.eadt.co.uk/news/suffolk_essex_sex_offenders_should_face_court_grieving_mum_of_abuse_victim_insists_1_2196530

Sex offenders are among thousands of criminals released with a caution

http://www.worcesternews.co.uk/news/10456755.Caution__Dangerous_criminals_going_free_in_Worcestershire/

http://www.bromsgroveadvertiser.co.uk/news/10456755.Caution__Dangerous_criminals_going_free_in_Worcestershire/

*****

Victims of crime to be given a voice and challenge police

http://www.telegraph.co.uk/news/uknews/crime/10241162/Victims-of-crime-to-be-given-a-voice-and-challenge-police.html

*****

7,000 paedophiles [sic] found guilty... 2,862 of them aren't jailed

http://www.mirror.co.uk/news/uk-news/7000-paedophiles-found-guilty-2862-2180042