Cautions by the Police

[Jinxer]

Would a report to Social Services be of any benefit? They may be better placed to investigate especially if he still has young children around him.

[pendlewitch]

Would a report to Social Services be of any benefit? They may be better placed to investigate especially if he still has young children around him.

I did inform the Social Services about 'His' relationship with a vulnerable old lady. I went round to see her and she had a black eye brought on by my Stepfather. I believed they intervened and stopped it. He has my half brother as his Carer, the same half brother who he also abused sexually/physically and emotional. My Brother has mental health issues and has never worked and see's that by being a Carer he does not have to look for work. My brother was clean living but has fell by the wayside and indeed himself now drinks heavy and takes drugs. I have been going through some old emails regarding my stepfathers visit to the Police Station. On one of them they said that they had Consulted The National Crime Agency and a Force interview Adviser. They said that the 'Suspect, clearly did not understand a Caution' and without the Caution it would not stand up in Court. Is it possible for me to bring a Civil Prosecution myself against my Stepfather? It makes it more difficult for me as I live Abroad, but if it could be done by myself I would fly in and stay over.

[des8]

You can certainly bring about a private criminal prosecution as the right is expressly reserved in section 6(1)Prosecution of Offences Act 1985.

Whether or not you would be allowed to continue it is another matter.
The CPS could take over the case and then discontinue it.
You would also have problems as the defendant would probably be deemed unfit to plead.

[jaguarsuk]

If the defendant can't understand a caution there's no way on earth that he can be tried.

[des8]

If the defendant can't understand a caution there's no way on earth that he can be tried.

Perhaps not, but a copper deciding about a caution is not the same as a court decision about fitness to plead.
In the Crown Court, at least, evidence from at least two experts will be required to determine if a defendant is fit to plead. If the defendant is not fit to plead then a jury may still have a fact finding hearing.
In the Magistrates court there is no fitness to plead procedure, but the court may adjourn a case to get medical reports. If the defendant lacks the mental capacity to fairly participate in the trial process, the evidence may be heard if it is deemed important to know what happened.about whether the defendant did the act alleged, even if there is no trial to determine guilt or innocence.

A prosecution might not proceed to a full trial, but it might help deal with some of the affects of historical abuse.

I would suggest the OP takes professional advice (google) or contact a charity eg NSPCC

[pendlewitch]

Perhaps not, but a copper deciding about a caution is not the same as a court decision about fitness to plead.
In the Crown Court, at least, evidence from at least two experts will be required to determine if a defendant is fit to plead. If the defendant is not fit to plead then a jury may still have a fact finding hearing.
In the Magistrates court there is no fitness to plead procedure, but the court may adjourn a case to get medical reports. If the defendant lacks the mental capacity to fairly participate in the trial process, the evidence may be heard if it is deemed important to know what happened.about whether the defendant did the act alleged, even if there is no trial to determine guilt or innocence.

A prosecution might not proceed to a full trial, but it might help deal with some of the affects of historical abuse.

I would suggest the OP takes professional advice (google) or contact a charity eg NSPCC

CPS has just got back to me and indeed the Police did not hand anything over to them, what reasons would the Police not hand the file over to the CPS

[jaguarsuk]

If they can't interview him they can't determine whether an offence has been committed, if they can't determine whether an offence has been committed they can ask the CPS fr a charging decision on an offence and so it's gone no further than him being unfit to interview.

[pendlewitch]

If they can't interview him they can't determine whether an offence has been committed, if they can't determine whether an offence has been committed they can ask the CPS fr a charging decision on an offence and so it's gone no further than him being unfit to interview.

I have just posted ( by recorded delivery) to the Police asking them why the case was not passed to the CPS. I will keep you all updated and thank you to everyone for their replies.

[2222]

If they can't interview him they can't determine whether an offence has been committed, if they can't determine whether an offence has been committed they can ask the CPS fr a charging decision on an offence and so it's gone no further than him being unfit to interview.

Assuming Pendlewitch is right, and there's overwhelming evidence from her and her siblings, is it really necessary to interview him to determine whether an offence has been committed? I'm quite surprised by that. Often, detainees refuse to answer questions, yet they still get charged.

From what's been said above, the only explanation that seems to fit the facts is that the stepfather was so obviously incapable of appearing in court that the police thought there was no point progressing the case. Ought they to make that decision? And, if not them, who should?

[jaguarsuk]

Assuming Pendlewitch is right, and there's overwhelming evidence from her and her siblings, is it really necessary to interview him to determine whether an offence has been committed? I'm quite surprised by that. Often, detainees refuse to answer questions, yet they still get charged.

From what's been said above, the only explanation that seems to fit the facts is that the stepfather was so obviously incapable of appearing in court that the police thought there was no point progressing the case. Ought they to make that decision? And, if not them, who should?

Refusing to answer questions and not having questions put to you to have that option are two very different things.

You cannot ask for a charging decision without a person having the right to put their side of the story forward or else why would we bother with interviews under caution at all?

The Police have not progressed for a charging decision because they aren't able to interview him to determine whether an offence has been committed and establish whether there is sufficient evidence to charge after such an interview.

If they did go for a charging decision to the CPS they would reject it on the procedural failure to interview under caution.

[des8]

Disagree with you there Jag.
A decision to prosecute or not is not dependent on a suspect being interviewed under caution.
At least I can't find any such requirement in PACE 1984 or elsewhere
However, a suspect will almost always be interviewed under caution following arrest or as a volunteer in order to obtain further evidence or intelligence.
Such an interview also gives the suspect an opportunity to answer the allegations.
The main purpose of interviewing under caution is for the authorities to obtain more information.

[2222]

I always think of a police interview as an opportunity for the suspect to make matters worse for themselves.

This video is very widely known.
https://www.youtube.com/watch?v=i8z7NC5sgik

[pendlewitch]

Well, after waiting 36 days for a reply. The 'Police' have given me the right to appeal regarding the 'non' arrest of the Stepfather for Historical Child Abuse where he refused to understand a Caution and the Police let him go without even contacting the CPS for a Charging Decision. I have to make the appeal within 28 days to the Professional Standards Department. Has anyone got any tips or advice on this one?