Rapists, robbers and paedophiles spared court in Lincolnshire

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Thursday, January 03, 2013
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Lincolnshire Echo

Thousands of offenders are being spared court – and potential jail sentences – for crimes including child rape, sexual assault and robbery.

Criminals are accepting warnings, cautions and reprimands after police decide it is not in the public interest to prosecute them.

  1. Scales of Justice

Figures released to the Echo show 3,330 crimes were dealt with out of court in a year.

Twenty-seven cautions, ten final warnings and five reprimands were given for sex offences, including ten paedophiles who groomed and assaulted their victims.

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The rapes of a boy and a girl, both aged under 13, resulted in final warnings. Police say this was probably because the offenders were also children.

Meanwhile, one reprimand was given for street robbery, 263 cautions were dished out for shoplifting and one reprimand given out for false imprisonment. In addition, 54 cautions were distributed for heroin and cocaine possession, one for child abduction and seven for making threats to kill. There were also 367 cautions, 44 warnings and 93 reprimands for assault occasioning actually bodily harm.

Chief Inspector Philip Baker, from Lincolnshire Police's criminal justice department, said the statistics must be viewed in context and that each case was reviewed on its own merits.

"Cautions are not a let-off or a slap on the wrist," he said. "The offender admits the offence and it sits on their police record. If it's a sexual offence, a caution would show up on a CRB check if they applied for a job involving children."

The figures, released under the Freedom of Information Act, show nearly 500 cannabis warnings were issued for offences including possession of small quantities.

When people are cautioned,

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their photo, fingerprints, DNA and other evidence are kept on file, and some cautions are conditional to protect victims and prevent reoffending.

Final warnings also come with a raft of conditions which aim to rehabilitate criminals. The system is overseen by the Crown Prosecution Service.

Inspector Baker said disposing of offences out of court requires consultation with victims.

"We look at each case individually and consider aggravating or mitigating factors," he said. "In a case where an 11-year-old has come in for smashing a window and they're completely remorseful, a reprimand is probably the best course of action. Do you really want to criminalise someone like that?

"There is one caution for causing death by dangerous driving. On first glance you would question why.

"We cannot go into specifics, but if an elderly gentleman was driving a car dangerously due to his age, and he ends up killing his wife who is sat in the passenger seat, would the public want to see that individual go to prison or sentenced in court?"

Nick Hall, Victim Support divisional manager for Lincolnshire, said: "The important thing from the victims' perspective is that they are kept informed."

Matthew Sinclair, chief executive of the TayPayers' Alliance, said: "In some cases there's no sense in pushing ahead to prosecution.

"But when you're talking about crimes like burglary when it's hard to catch someone, when you do catch them, it's important to follow it up with a full prosecution."

Criminal lawyer Mark McNeil, a partner with Sills and Betteridge said there had been an increase in cautions.

"But there are cases where two people are arrested for the same offence, one is charged and the other is not and neither has previous convictions," he said. "I just think there needs to be a more consistent approach."

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  • Profile image for bos75

    by bos75

    Saturday, January 05 2013, 1:38AM

    “Today you are not innocent until proven guilty as we would all hope. Taking a caution or some repremand rather than a full court trial, even if you fully believe you are innocent, is sometimes the best option. If this is offered it is often because there is little evidence to convict at trial yet the Police achieve a "conviction" which probably would fail if taken to Court. Their figures look better and the accused is saved the horrendous ordeal of a trial. As has already been said rape of a child is abhorrent but it's not that straight forward when sex with an under 13 year old girl (statutory rape) is carried out, consensually, by a 12 year old boy. We'd rather prefer to think that doesn't happen but should we brand the lad a rapist for life?”

  • Profile image for thomastom

    by thomastom

    Thursday, January 03 2013, 10:09PM

    “This information reflects the reality in the street. Saw a young guy in Tesco Express earlier this pm. He gave me such a hard stare I thought he must know me from somewhere. Few minutes later, he was out the door with his `shopping', including the basket! Assume he thought I was a cop/security when he gave me the look. Phew!”

  • Profile image for wilamina1

    by wilamina1

    Thursday, January 03 2013, 9:30PM

    “this stinks and our new elected police chief needs to get in there and sort this out and earn his wages for a change. not in the public interest ********, they just cant be bothered”

  • Profile image for matttye

    by matttye

    Thursday, January 03 2013, 8:58PM

    “Cloth_Ears,

    Sex with a female under 13 is automatically classed as rape as they are far below the age of lawful consent, so if two 12 year olds had sex the male would be guilty of rape in the eyes of the law.

    That's what the "because the offenders were also children" quote refers to I believe.

    Perhaps you now understand why this is not the same as rape where consent is not given at all. It's a little unfair to call those youngsters rapists, so I assume you misunderstood the situations referred to.

    Cheers”

  • Profile image for Listener

    by Listener

    Thursday, January 03 2013, 5:34PM

    “Absolutely disgusting when a friend of mine is being persecuted for doing five miles over a thirty limit for three yards. He is unemployed due to forced redundancy and has not got either the ninety pounds for a re-rehabilitation course or the sixty pounds wanted as a supposed greater punishment. Madness.................40 years blemish free driving record for the hard of reading.”

  • Profile image for Ian_Heighton

    by Ian_Heighton

    Thursday, January 03 2013, 2:06PM

    “Continued on p2

    Continued from p1

    Note to Echo - When copy & Pasting, you may want to remove the above.”

  • Profile image for Cloth_Ears

    by Cloth_Ears

    Thursday, January 03 2013, 1:53PM

    “"The rapes of a boy and a girl, both aged under 13, resulted in final warnings. Police say this was probably because the offenders were also children."

    Ah yes i remember when my little 'uns were going through their rapist stage the little scamps....'Boys will be boys' I used to say to my late husband.”

  • Profile image for Cloth_Ears

    by Cloth_Ears

    Thursday, January 03 2013, 1:52PM

    “"The rapes of a boy and a girl, both aged under 13, resulted in final warnings. Police say this was probably because the offenders were also children."

    Ah yes i remember when my little 'uns were going through their rapist stage the little scamps....'Boys will be boys' I used to say to my late husband.”

  • Profile image for Lincoln_Fan

    by Lincoln_Fan

    Thursday, January 03 2013, 12:30PM

    “The whole system is something of a shambles.”

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