https://parkfarmneighbourhoodwatch.blogspot.com

Making it happen. Holding officialdom to account. Frank, fearless and free. THE DIGITAL NEIGHBOURHOOD WATCH BLOG. Join our conversation https://parkfarmneighbourhoodwatch.blogspot.com YOU MAY NOW VIEW PETERBOROUGH TRIBUNE OVER A SECURE WEB LINK: https://parkfarmneighbourhoodwatch.blogspot.com PASS IT ON!

PBROtrib PAGEview COUNTER excludes casual browsers scrolling through a selection of posts

Saturday, July 02, 2016

A Labour Councillor admit guilt over chamber 'dust up'





Some early reports suggested two councillors from different Political parties were involved, but we are now unable to conclusively establish this.... 
Source:

http://www.peterboroughtoday.co.uk/news/politics/labour-councillor-given-conditional-caution-relating-to-common-assault-on-fellow-councillor-1-7459181#ixzz4DEavruas  
A
Peterborough City Councillor (after a 'dust up' in the Council Chamber) has formally accepted guilt of offences, and variously been served with and accepted a Conditional Caution and/or a Community Resolution. The councillor join a list of current and former Peterborough City Councillors to grace the datasets of the Police National Computer. But what is involved and why is it really not a good idea, without first taking criminal legal advice to accept a caution or community resolution even if police say it isn't a conviction? This is a brief inconclusive guide, but it is always best to get criminal legal advice before taking the Caution or Community Resolution.   

Conditional Caution

Who is it issued by and how can I contact them?

Conditional cautions can only be authorised by the CPS Crown prosecution Service who then grant authority to the police to issue – contact the administering force.

Does it involve guilt?

Yes – you are asked to sign a document confirming your admission to the offence as well as details of the offence, informed consent and the conditions of the caution.

Is it recorded on the Police National Computer (PNC)?

Yes (especially if it relates to a recordable offence).

Is it classed as a conviction?

No.  (But it has to be disclosed when travelling to the USA as it is considered never spent and in addition a full VISA must be applied for and approved prior to travel. [Waiver and ETA programs are not available].

How long will it be on my record?

Information is retained on the Police National Computer even after it has become spent. In effect the conditional caution is a suspension of prosecution but if conditions are not complied with a prosecution may well go ahead. Also spent cautions can be used in future criminal proceedings as evidence of character.

When does it become spent?

Three months from the date of issue (or when it ceases to have effect, if earlier).

When do I have to declare it?

Conditional cautions now fall under the protection of the Rehabilitation of Offenders Act so you don’t have to disclose unless it is for an occupation which is an exception to the Act, like working with children.

Is it disclosed on DBS checks?

Yes, it is disclosed by both the standard and enhanced checks, unless it is eligible for filtering. It will not be disclosed on a basic check.

What guidance is there on fair process?

Do I have the right to appeal and what is the process?

By signing the document which gives your informed consent, you are accepting the caution and so there is no formal appeal route.

If you wish to complain about the decision or how the case was handled you need to make a complaint to the Chief Constable or Commissioner of the administering force.

What are the implications for life in the community?

Conditions attached can be reparative, rehabilitative or (in rare cases) punitive – see CPS guidance. It is not a criminal conviction but it does form part of a criminal record so you will sometimes have to disclose when asked by employers, particularly before it is spent. It will not affect your chances of getting a mortgage. You do not need to disclose it to insurers once it’s spent.


 __________________________________

COMMUNITY RESOLUTION

Who is it issued by and how can I contact them?

Issued by the police – contact the administering force.

Does it involve guilt?

Yes – you have to make a clear and reliable admission.

Is it recorded on the Police National Computer (PNC)?

Yes (if it relates to a recordable offence).  A facility is available on the PNC which allows an entry to be recorded which does not constitute a ‘criminal record’ but is accessible for police information.

Is it classed as a conviction?

No.

How long will it be on my record?

Although a community resolution order does not result in a criminal record, the information is still recorded on the PNC and can still be used and taken into consideration if further offences are committed.

When does it become spent?

N/A

When do I have to declare it?

It isn’t a caution or a conviction, so isn’t formally covered by the Rehabilitation of Offenders Act 1974.

Is it disclosed on DBS checks?

Not on a standard check.  BUT It might be disclosed as part of an enhanced check in the ‘relevant information’ section, i.e. the offence has a bearing on the kind of work you are applying for.  

Do I have the right to appeal and what is the process?

There is no formal process for rescinding a community resolution order once it has been administered.  If you wish to complain about the decision or how the case was handled you need to make a complaint to the Chief Constable or Commissioner of the administering force.

Each police force should be willing to receive requests for community resolution orders to be ‘expunged’ as part of their ownership as Data Controllers of the PNC.  

However, this is only done in exceptional circumstances, particularly where a significant amount of time has passed since receiving the community resolution order.

Other information

A ‘community resolution’ resolves a minor offence or anti-social behaviour incident through informal agreement between the parties involved, as opposed to progression through the traditional criminal justice process.

It is primarily aimed at first time offenders where:-
  • there has been an admission of guilt
  • the victims views have been taken into account
Community resolution allows police officers to make decisions about how to deal more proportionately with low-level crime.


https://parkfarmneighbourhoodwatch.blogspot.com E&OE google.com/+JulianBray Tel:+44 (0) 1733 345581
> PETERBOROUGH TRIB NEWSREEL .
Post a Comment

P'BORO TRIB. SEARCH ENGINE

LONDON EVENING STANDARD NEWSREEL

google83466ac7cb7103b1.html]

JULIAN BRAY AVIATION SECURITY NEWS 01733 345581 UK ISDN 01733 345020


UPDATES: Post are transmitted from a variety of remote sources, immediately published on servers in the USA, additions, updates and any corrections added later on the blog version only.


Editorial policy: WE DON'T CENSOR NEWS, we will however come down hard on lawbreakers, all forms of ASB - Anti Social Behaviour, and anyone or group who seek to disturb or disrupt our neighbourhoods and communities, or in anyway abuse, take unfair advantage or financially disadvantage our citizens. We support the Park Farm Neighbourhood Watch and digitally carry the messages from this independent Neighbourhood Watch Scheme.


We are openly but constructively critical of all political parties (actual and sham), pressure groups, overbearing 'jobsworths' and those who seek to waste public funds, abuse public office, ramp up expenses, BUY VOTES and/or engage in any form of directed or robotic voting.

Whilst accepting that many in Public Office perform a valuable service and make a worthwhile contribution, there are others who are frankly rubbish. Although Julian Bray is the editor, there are several Blog administrators / correspondents who actively contribute by remote transmission to this blog.

So it could be some days before the copy (content) is seen by the Editor and properly formatted. We consider all representations and correct any facts that are clearly deficient.




OUR HUMAN RIGHT TO LAMPOON AND CRITICISE POLITICIANS

THE HIGH COURT has ruled....People have a right to lampoon and criticise politicians and public officials under the Human Rights Act, the High Court has ruled.

We have the full High Court judgment, saved as a page on here. l

ampoon (lampoon) Pronunciation: /lamˈpuːn/ verb [with object] publicly criticize (someone or something) by using ridicule, irony, or sarcasm: the actor was lampooned by the press noun a speech or text lampooning someone or something: the magazine fired at God, Royalty, and politicians, using cartoons and lampoons.

Derivatives: lampooner noun lampoonery noun lampoonist noun Origin: mid 17th century: from French lampon, said to be from lampons 'let us drink' (used as a refrain), from lamper 'gulp down', nasalized form of laper 'to lap (liquid).

NUJ CODE OF CONDUCT

NUJ Code of Conduct

The NUJ's Code of Conduct has set out the main principles of British and Irish journalism since 1936.

The code is part of the rules and all journalists joining the union must sign that they will strive to adhere to the it.


Members of the National Union of Journalists are expected to abide by the following professional principles:

A journalist:

1 At all times upholds and defends the principle of media freedom, the right of freedom of expression and the right of the public to be informed

2 Strives to ensure that information disseminated is honestly conveyed, accurate and fair

3 Does her/his utmost to correct harmful inaccuracies

4 Differentiates between fact and opinion

5 Obtains material by honest, straightforward and open means, with the exception of investigations that are both overwhelmingly in the public interest and which involve evidence that cannot be obtained by straightforward means

6 Does nothing to intrude into anybody's private life, grief or distress unless justified by overriding consideration of the public interest

7 Protects the identity of sources who supply information in confidence and material gathered in the course of her/his work

8 Resists threats or any other inducements to influence, distort or suppress information and takes no unfair personal advantage of information gained in the course of her/his duties before the information is public knowledge

9 Produces no material likely to lead to hatred or discrimination on the grounds of a person's age, gender, race, colour, creed, legal status, disability, marital status, or sexual orientation

10 Does not by way of statement, voice or appearance endorse by advertisement any commercial product or service save for the promotion of her/his own work or of the medium by which she/he is employed

11 A journalist shall normally seek the consent of an appropriate adult when interviewing or photographing a child for a story about her/his welfare

12 Avoids plagiarism The NUJ believes a journalist has the right to refuse an assignment or be identified as the author of editorial that would break the letter or spirit of the code.

The NUJ will fully support any journalist disciplined for asserting her/his right to act according to the code

The NUJ logo is always a link to the home page.

(As modified at Delegate Meeting 2011)