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Everything posted by aliandtone

  1. PRESUMABLY recieved a police caution....... A police caution is a formal alternative to prosecution in MINOR cases, administered by the police. It is commonly used to resolve cases where full prosecution is NOT seen as the most appropriate solution. A caution is intended to act as a first official warning and to deter people from getting involved in crime!!!!! In order to safeguard the offender's interests, the following conditions must be met before a caution can be administered: there must be evidence of guilt sufficient to give a realistic prospect of conviction; the offender must admit the offence; the offender must understand the significance of a caution and give informed consent to being cautioned. Where the available evidence does not meet the standard normally required to bring a prosecution, a caution cannot be administered. A caution will not be appropriate where a person does not make a clear and reliable admission of the offence (for example if intent is denied or there are doubts about his mental health or intellectual capacity). To get a proper 'criminal record' you would have gone to court and been found guilty and got a conviction. A caution is a formal warning that is given to an adult who has admitted the offence. If the person refuses the caution then they will normally be prosecuted through the normal channels for the offence. Although it is not technically classed as a conviction it can be taken into consideration by the Courts if the person is convicted of a further offence. (So no more caching then, go away you are not welcome here!) A reprimand and warning are similar provisions that are given to juveniles. The juvenile must admit the offence in order for a reprimand or warning to be given. If the juvenile has not been reprimanded or warned previously then a reprimand shall be given (unless the offence is so serious as to require a warning). If the person has been reprimanded previously then a warning shall be given. If the juvenile was warned two years or more previously and the offence is not so serious as to require a charge or youth conditional caution, then a further warning may be given on one more occasion. Any further occurrences will normally result in the juvenile being charged or given a youth conditional caution. Cautions (including reprimands and warnings) are covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). This means that if you are asked on an application form if you have a caution you can reply 'no'. For conditional cautions it would be after 3 months since the caution was issued, up until that time you would have to reply 'yes'. This applies retrospectively so applies to anyone who has ever had a caution (including reprimands and warnings), regardless of when it was given. If the application form says that the post is exempt from the Rehabilitation of Offenders Act 1974 then the caution must be disclosed, no matter how long ago it was given. However, this does not mean that it will not be disclosed on a CRB check. A caution may be disclosed for some years if it is deemed relevant to the reason for the check. Dishonesty offences (theft, shoplifting, fraud etc) tend to be disclosed for a longer period of time because of the nature of the offence. It is for the Chief Officer in each force to decide if a caution or other information will be disclosed. Cautions will always remain on a person's record. There are only exceptional circumstances when a caution could be removed from a person's record and it is anticipated that such incidents will be rare. Examples of such possible circumstances are that it was found that the original arrest or sample was unlawful or where it was found beyond all doubt that no offence existed. Any requests that fit the above criteria should be directed to the Chief Constable of the force concerned.
  2. What is Public Nuisance? At common law public nuisance is a crime for which the remedy is criminal proceedings. It is defined as an unlawful act or omission which endangers or interferes with the lives, comfort, property or common rights of the public. Probably the most well-known example of public nuisance is obstructing the highway, though everyday obstructions such as road repairs and scaffolding are lawful so long as they are reasonable and do not occur for an excessive time. Historically, public nuisance has embraced a wide number of activities, ranging from dumping sewage into a river to playing loud music on a stereo in a public park. In its early incarnation, offences had only a criminal nature. The law subsequently developed to allow private individuals to bring actions if they had suffered a peculiar nuisance that was different in kind to that suffered by the public at large. Public nuisance thus came to overlap with elements of tort law and property law. Who are the ‘public’ in public nuisance? Identifying the public affected by a public nuisance is not as simple as might initially be thought. Clearly, unlawful obstruction of the highway in Liverpool does not affect the public of Plymouth. But does it affect all, or only some, of the public of Liverpool? The modern definition is that rights common to all HM’s subjects must be affected, in other words, not necessarily all the public, but rather the rights which they enjoy as citizens. A good illustration is found in the Law Reports. A quarry produced noise, dirt and vibrations which affected the neighbourhood. The court had to decide if this was a private nuisance which only affected some residents, or a public nuisance affecting all HM’s subjects in the area. An injunction was ultimately granted to stop the quarry from causing a public nuisance. Among other things, the court held that the public means a class of HM’s subjects. Not every member of the class need be affected by the nuisance so long as a representative cross-section is. Additionally, if the nuisance is so widespread that the community as a whole must take action, as it would be unreasonable for a single individual to do so, then the nuisance is public. Consequently, the public means a considerable number of persons or a section of the public. Knowledge of the nuisance It is not necessary for the perpetrator to have knowledge of the nuisance. It is sufficient enough to show that a defendant ought to have known that a nuisance would occur. Developments in the law Following a number of important cases and statutory developments the common law crime of public nuisance has all but disappeared, and been replaced by provisions in legislation such as the Criminal Justice and Public Order Act 1994 and the Protection from Harassment Act 1997. Prosecutions should now be brought under the relevant legislation, which is less vague than the common law and which more clearly outlines the various defences. Public nuisance at common law is still a crime, however, and has not been abolished. But in practice, charges of public nuisance should be brought under the relevant statute, where possible, and it seems there will be fewer and fewer instances in future where the common law will apply.
  3. woman on the right of the group, garmin GPS round neck, does that count? missed that one!
  4. nearest cache is 286ft so is to close to be published on geocaching.com!
  5. CLIFTON...Go go ! N 51° 27.309 W 002° 37.553
  6. show has been moved to BBC2 due to tennis!
  7. Mrs A reporting in here! Mr T needs his glasses so he doesn't bother. (You should see him trying to read the GPSr!!)
  8. I use that exact same quote on my cache pages! It does seem to be gettign the message across
  9. I have a dakota 20 running on talky toaster. Next time we meet, remind me!
  10. [ Sounds good....how do we find out about these things? Hi there, As Simply Paul has said there are the regular roving monthtly 'Bucks, Beds & Herts Border-ing on the Ridiculous' events which you can search for by name on geocaching.com to find when the next one is being held. You can also use the advanced search options on geocaching.com or look at the calender. http://www.geocaching.com/seek/nearest.aspx http://www.geocaching.com/calendar/default.aspx These get-togethers are listed as Event Caches on Geocaching.com, select 'All Event Cache Types' and then search by postocde / town etc If you would like to host a geocaching event in your area, check out Guide to hosting events http://www.geocaching.com/calendar/guide.aspx We are local to Bedford, so if you need any advice etc, please drop us a line. We won't bite!
  11. drum roll please.........the moment you have all been waiting for...................... I am afraid there can only be one winner................ the winner of the May photo competiton 2011 is.................................................................. Haggis Hunter! With this photo......... Congratulations! We have enjoyed our judging spotlight and a few caches have gone onto our watch list as a result!
  12. Oohhh, what a talented bunch. Fantastic shots and not an easy one to judge - the results will appear here tomorrow.
  13. Heads up - Last few days before the month end
  14. After years of recieving emails ok, ours suddenly hit the spam folder this week. Must be something in the water!
  15. Thanks for your efforts. I was interested in having a look but get HTTP1.1 STATUS 403 Remote Access to this object forbidden This file cannot be directly accessed from a remote site, but must be linked through the Brinkster Member's site. Help!!!!
  16. Thanks very much to dizzypair for choosing our photo as the winner of the April competition. The theme for your May photos is abandoned and discarded. This is totally down to your imagination....vehicles, structures, tanks, farmyard machinery, maybe even furniture. Well you get the picture! But this won't include geocaching containers because technically they are not abandoned! The rules are the same as those used in previous months..... 1) The photo must be cache related and to do with a specific UK cache, caching series or caching trip - please include a link to the cache or the GC.... code so we can see where the picture relates to. 2) Two photos per caching team or cacher. (Maybe 3 if you really have an extra pic that's great!) 3) A new thread is started each month, with the OP stating these rules. 4) The winner each month is decided by the winner from the previous month - the new winner starting the thread for the subsequent month. They may set a theme* if they wish. 5) Photos should be recent. Higher credit will be given to photos taken in the current month. 6) The competition runs from the 1st of the month, until a date specified in the OP by the previous months winner. This should give sufficient time for the winner (or other person if necessary) to start the new thread. If you haven't already uploaded a photo, a good tip might be to upload to one of your log entries (it can just be 'post a note'). Then, display the photo and copy the URL to provide a link to the post. If it's not actually relevant to the cache you've used, delete the note and the photo - the URL will still work. On this forum, add a reply and click the small green tree icon above the text box and paste in your URL.
  17. woooohhhhh! that was unexpected! there were some great shots submitted this month. I am deeply honoured Thank you Sue :laughing:
  18. I have a blackberry and recently downloaded cachesense (formerly cacheberry). One of the tools is to automatically tweet finds. There is a pre-set template which is something along those lines you descibe.
  19. GC76FC Three Locks (Bucks) - Grand Union Series
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