Nov 29, 2020

David Ford "In some cases it can avoid re-traumatising the victim twice, or with the committal process, three times, depending on the state of the victim," he told Sunday Life. "For things like begging, the individual may have difficult needs but it ends up becoming a criminal offence." Details of the offences, the worst of which can result in a life sentence, or why they were dealt with by way of caution cannot be released for legal reasons. If a person agrees to accept a caution they must admit guilt but it is not a criminal conviction. However, if they refuse they can be charged and the case brought to court. In certain circumstances a person who has already been charged can have the offence withdrawn and a caution given in its place. The most serious offence which was the result of a caution was rape, which carries a life sentence under the Sexual Offences Act 2003. This has happened twice in the last five years, once in 2017 and again in 2019. More than 28 cautions were issued for sexual offences involving children including sexual activity with a person aged under 16, attempting to meet a child following grooming, and possession of indecent images of children and distribution of indecent images of children. The most common offence dealt with by way of caution was possession of a class B controlled drug, the most popular of which are cannabis and amphetamines. It can carry a prison sentence of up to five years but in 2015 police issued 1,134 cautions for the offence. The following year 1,034 were issued for the same offence while in 2017 it stood at 799, in 2018 at 802 and last year at 741. The most serious drugs offence is possession of class A drugs with intent to supply, such as heroin, cocaine, ecstasy and crystal meth. It can result in a life sentence along with an unlimited fine but in the last five years police issued five cautions for this offence. Theft, which can see a person jailed for a maximum of 10 years depending on the value of what was stolen and the impact of the theft, was the subject of 2,283 cautions. Assault on police, for which a person can be jailed for up to two years at the Crown Court, was the subject of 994 cautions in the last five years. Since 2015 there have been 196 cautions for assault occasioning actual bodily harm, which carries a maximum sentence of seven years in jail. Only one caution was administered for an offence which has since been legalised thanks to a landmark change in the law. In 2017 a woman received a caution for procuring abortion pills for her own abortion, a crime under the Offences Against the Person Act 1861 with a potential of five years in jail. However, in October last year MPs voted to bring abortion rights in line with the rest of the UK. Cautions were also administered for offences which are not well known but can still see a person jailed. Selling a wild bird or its eggs is an offence under the Wildlife (Northern Ireland) Order 1985 and carries a jail term of up to six months. In the last five years police cautioned 13 people for this offence. Two people were cautioned for providing false information for the registration of electors, more commonly referred to as voter fraud. In 2015 two people were cautioned for tattooing a minor, which is punishable by a fine of up to £500. Case studies L The winning shot that sparked the fight. A man charged with possession of a broken pool cue during a fight over a £6,000 pool game also avoided full criminal proceedings. Armagh man Neill Warnock (31) was accused of disorderly behaviour and having the cue as a weapon during a bust-up at Loughgall Football Club in January this year. The charges were withdrawn at Lisburn Magistrates Court in May and replaced with a caution. Warnock has no connection with the club. Mary O'Brien A nurse who was caught drunk on the job four times in eight years was given a caution in 2016. Mary O'Brien was also struck off by the Nursing and Midwifery Council for her behaviour. During one incident while under the influence she failed to give out medication, gave insulin to one patient, fell asleep, and abused colleagues. Margaret Loughrey