Given a caution

Agaonm

I was recently in a buddies house in 1 of the rooms fixing his laptop when he went to answer a knock on the door to 2 garda and 3 DS members. After them searching the place for hours i was cautioned as i was in the room where it was found.

They even went as far as to treathen to rip apart my car if i didnt let them search it. despite the search warrant being for the house.

Ive never been in trouble with the gards the guy who cautioned me even asked if i lived around here long(been here all my life) because he had never seen me before.

I was wondering if they can really put a caution against me for being in a room that cannabis was found in. Would that not be the same as saying i could be cautioned or arrested for being in a room that a stolen tv was in?

I didnt know there was anything there. I literally showed up 5 minutes previous to them calling.

hullaballoo

It doesn't sound like you were cautioned in the sense that you might think.

Confusingly, there are at least two types of caution AGS can give. One is the caution they give which is the equivalent of being read your rights, the "you do not have to say anything but anything you do say may be used in court..." spiel. The other is the formal adult caution which can be given for certain offences that would otherwise be prosecuted in court.

They cannot give a caution on an ad hoc basis, it is done formally, usually by appointment, at the station and is recorded fully (because you can only get the benefit of the adult caution scheme once.) It also doesn't apply to Misuse of Drugs Acts offences.

I would imagine, without anything further to go on than what you've posted, that the caution you received was in relation to the protection against self-incrimination spiel?

Agaonm

hullaballoo wrote: »

It doesn't sound like you were cautioned in the sense that you might think.

Confusingly, there are at least two types of caution AGS can give. One is the caution they give which is the equivalent of being read your rights, the "you do not have to say anything but anything you do say may be used in court..." spiel. The other is the formal adult caution which can be given for certain offences that would otherwise be prosecuted in court.

They cannot give a caution on an ad hoc basis, it is done formally, usually by appointment, at the station and is recorded fully (because you can only get the benefit of the adult caution scheme once.) It also doesn't apply to Misuse of Drugs Acts offences.

I would imagine, without anything further to go on than what you've posted, that the caution you received was in relation to the protection against self-incrimination spiel?

Thanks yes he did briefly say the whole you dont have to say anything speech. I was not aware that there was more than 1 type of caution. Thanks for clearing it up for me. Was fairly wrecked over the whole situation.

MarkAnthony

Agaonm wrote: »

I was wondering if they can really put a caution against me for being in a room that cannabis was found in. Would that not be the same as saying i could be cautioned or arrested for being in a room that a stolen tv was in?

If they've evidence that it's yours it's not beyond the realms of possibility. Neither is a summons to have a wee chat with a District Court Judge.

Not the case here, you may or may not wish to revisit your choice of friends/recreational habits.