Wasn't arrested but still charged??

jimaneejeebus

Recently I received and 'adult caution' for a section 4 drunk and disorderly.
I was never arrested
I was never handcuffed
I wasn't read my rights
I wasn't brought to a garda station.
Instead the guards brought me home.

I thought if I am going to be charged with something-I need to be arrested?

MagicSean

You weren't charged.

source

jimaneejeebus wrote: »

Recently I received and 'adult caution' for a section 4 drunk and disorderly.
I was never arrested
I was never handcuffed
I wasn't read my rights
I wasn't brought to a garda station.
Instead the guards brought me home.

I thought if I am going to be charged with something-I need to be arrested?

Adult caution isn't a charge, it's a caution....a slap on the wrist if you will.

You accept what you did was wrong and you're told you're a very naughty boy and don't do it again, if you do get in trouble again your chance has been used and you'll be charged.

Also if you get into trouble again within 3 years of the caution, that charge can be brought against you too.

Section 4 intoxication could also have been dealt with by way of a fixed charge penalty notice. Basically a fine through the post. So a caution is the lesser of 3 methods that could be used against you.

McCrack

Arrest is a means to properly investigate crime or bring somebody before a court to answer before it.

You do not have to be arrested to be charged.

jimaneejeebus

Thanks everyone but the 3 answers confuse me slightly...... This is quite important for me to know.

You see anyone who gets a caution (from my limited reading on boards and citizens information) is charged with an arrestable offence (in this case section 4 drunk in a public place) and from what I have read thus far.....all have been arrested?

Thanks and sorry if I am missing something

Zambia

As was explained to you in the other thread S4 is a summary offence. An arrest is not required they knew your name and address so they can caution you for the offence at a later date.

If you dont sign the caution you are not cautioned.

jimaneejeebus

Zambia wrote: »

As was explained to you in the other thread S4 is a summary offence. An arrest is not required they knew your name and address so they can caution you for the offence at a later date.

If you dont sign the caution you are not cautioned.

Ok thanks Zambia. I asked one of the mods to have the previous thread that you referred to deleted. That's why I posted this separately.

Zambia

Ok i can see where you are going with that but without the full picture its hard to comment fairly.

bedirect

you dont need to be arrested, if you dont accept the caution they can just summons you and bring you to court, if you dont turn up the judge can fine in your absence or issue an arrest warrant.

Cee-Jay-Cee

The charge is that you were intoxicated in a public place. The guards have 4 options.

1. Arrest you, charge you on a charge sheet and bring you to court.#
2. Arrest you, release you when you have sobered up sufficiently and summons you to court at a later date.
3. Take your name and address on the street and summons you at a later date.
4. Take your name and address on the street and issue you with an adult caution.

You recieved no.4. The charge still remains, however you were not charged. Your just misunderstanding the jargon.

You got a warning, if you do not accept that warning they can then summons you to court for the offence.

MagicSean

Actually the next step up from a caution is now a fixed charge penalty.

source

MagicSean wrote: »

Actually the next step up from a caution is now a fixed charge penalty.

But only for Disorderly conduct, or intoxication in a public place.