silverbear Posted October 7, 2014 Share Posted October 7, 2014 I was involved in a traffic incident last week. The guy in front suddenly stopped to allow a car to turn right in front of him. I stopped too but an unmarked police car hit me from behind. I was told we had to wait for a senior officer to arrive as it was standard procedure when a police vehicle was involved in a RTA. When the officer arrived I was taken into his van & given a caution prior to making a statement & breathalysed. I'm now told that the officer shouldn't have given me a caution & that this goes on your record & could affect car insurance in the future. The leader of Sheffield City Council is a personal friend of mine & believes the police have acted beyond their powers & would like to take it further. Does anyone know about police cautions? Reading up about them seems to suggest they are given to people who admit an offence but I didn't as I don't believe I committed any offence. Any advice/views would be welcome before I consider my position & next move. Quote Link to comment Share on other sites More sharing options...
Cove_Sheep Posted October 7, 2014 Share Posted October 7, 2014 Why would their be a need to caution you before taking what is essentially a witness statement? Quote Link to comment Share on other sites More sharing options...
johnnie x Posted October 7, 2014 Share Posted October 7, 2014 No idea but it doesn't seem logical to give a caution before taking a statement and being brethalysed. So what would have happened if you were positive and they had already given a caution? Thats assuming the law is logical............... Quote Link to comment Share on other sites More sharing options...
perthTam Posted October 7, 2014 Share Posted October 7, 2014 I stopped too but an unmarked police car hit me from behind. So they were not driving with due care and attention (by not leaving enough room between your vehicle and theirs to be able to stop safely)? Quote Link to comment Share on other sites More sharing options...
Charlie Endell Posted October 7, 2014 Share Posted October 7, 2014 Thought they could only offer a caution as an alternative to prosecution? Quote Link to comment Share on other sites More sharing options...
Flure Posted October 7, 2014 Share Posted October 7, 2014 Speak to a solicitor. Usually the first 30 mins are free. Quote Link to comment Share on other sites More sharing options...
silverbear Posted October 7, 2014 Author Share Posted October 7, 2014 Thanks to all. I was a bit shaken & winded at the time so wasn't thinking clearly but I do recall him saying it was standard procedure when police officers were involved in a RTA. It was only afterward I started to question the reasons for the caution. I realise that the law on this could be different in England & Wales to Scotland however? Quote Link to comment Share on other sites More sharing options...
86glebestreet Posted October 7, 2014 Share Posted October 7, 2014 So they were not driving with due care and attention (by not leaving enough room between your vehicle and theirs to be able to stop safely)? Exactly Quote Link to comment Share on other sites More sharing options...
Charlie Endell Posted October 7, 2014 Share Posted October 7, 2014 Did they mean they placed you under caution as standard procedure in case they wanted a statement from you regarding the RTA? Certainly doesn't sound like a police caution that would be on record - they can only give you that in relation to an offence - you'd have the choice of accepting the caution or going to court to plead your case. Quote Link to comment Share on other sites More sharing options...
Bristolhibby Posted October 7, 2014 Share Posted October 7, 2014 Was it an official caution (does that not need paperwork) or was it some sort of "right mate I'm cautioning you that if you are Pished im nicking you" type caution? J Quote Link to comment Share on other sites More sharing options...
DonnyTJS Posted October 7, 2014 Share Posted October 7, 2014 Was it an official caution (does that not need paperwork) or was it some sort of "right mate I'm cautioning you that if you are Pished im nicking you" type caution? J Sounds like it might be this, as an official caution in the circumstances would be ridiculous (I know it's South Yorkshire, but even so...). I'd've thought first port of call would be the police, SB, to get clarification of what actually occurred. Quote Link to comment Share on other sites More sharing options...
silverbear Posted October 7, 2014 Author Share Posted October 7, 2014 Did they mean they placed you under caution as standard procedure in case they wanted a statement from you regarding the RTA? Certainly doesn't sound like a police caution that would be on record - they can only give you that in relation to an offence - you'd have the choice of accepting the caution or going to court to plead your case. Hmm possibly. As far as I can remember he said he was going to issue a caution as it was standard procedure where police officers were involved in a RTA. He then took a statement from me & finally breathalysed me as that was also 'standard procedure' in a RTA. Yes, that was my understanding too. Was it an official caution (does that not need paperwork) or was it some sort of "right mate I'm cautioning you that if you are Pished im nicking you" type caution? J I'm guessing so. What would constitute an 'unofficial' caution? I can't recall the exact words but it was something like 'I have to caution you as standard procedure & that anything you say will be taken down & may be used in evidence etc.' Quote Link to comment Share on other sites More sharing options...
silverbear Posted October 7, 2014 Author Share Posted October 7, 2014 Sounds like it might be this, as an official caution in the circumstances would be ridiculous (I know it's South Yorkshire, but even so...). I'd've thought first port of call would be the police, SB, to get clarification of what actually occurred. Cheers Donny - as you know SY Police have a history of err not quite getting things right? I did consider contacting the APS in charge but wanted to be sure of my facts before doing so. I don't wish to appear adversarial either but don't want it on my record or more importantly, to affect my insurance. Quote Link to comment Share on other sites More sharing options...
peever1745 Posted October 7, 2014 Share Posted October 7, 2014 (edited) I think the police have got this the wrong way round.They ran into you therefor not driving with due care and too close to the car in front.I think they are covering their own arse by putting the blame on you. Were are the Polis on here when you need them. Edited October 7, 2014 by peever1745 Quote Link to comment Share on other sites More sharing options...
silverbear Posted October 7, 2014 Author Share Posted October 7, 2014 I think the police have got this the wrong way round.They ran into you therefor not driving with due care and too close to the car in front.I think they are covering their own arse by putting the blame on you. Were are the Polis on here when you need them. Yes, the insurance company said they think they are covering their arses incase I make a claim against them for personal injury, which I'm not. Hurt my back,neck & was winded at the time but apart from my lower back, which is still a little painful, nothing major. Quote Link to comment Share on other sites More sharing options...
DonnyTJS Posted October 7, 2014 Share Posted October 7, 2014 Yes, the insurance company said they think they are covering their arses incase I make a claim against them for personal injury, which I'm not. Hurt my back,neck & was winded at the time but apart from my lower back, which is still a little painful, nothing major. Don't forget that it also seems to have severely affected your judgement regarding Bond films. It does sound distinctly dodgy, but again, without clarification from the plod about what they say actually occurred between you and the senior officer, it's hard to say. Quote Link to comment Share on other sites More sharing options...
silverbear Posted October 7, 2014 Author Share Posted October 7, 2014 Don't forget that it also seems to have severely affected your judgement regarding Bond films. It does sound distinctly dodgy, but again, without clarification from the plod about what they say actually occurred between you and the senior officer, it's hard to say. Quote Link to comment Share on other sites More sharing options...
Alibi Posted October 7, 2014 Share Posted October 7, 2014 The Polis should be charged with careless driving or similar - it is their responsibility to be able to stop in time if a vehicle in front brakes. You should be writing to them holding them responsible for any damage to you or your car. They don't have a leg to stand on (unless maybe they collude to try to make out that you suddenly reversed at them). Quote Link to comment Share on other sites More sharing options...
ParisInAKilt Posted October 7, 2014 Share Posted October 7, 2014 Mmm sounds dodgy as feck. They hit you so it's their fault Quote Link to comment Share on other sites More sharing options...
jimi hendrix Posted October 7, 2014 Share Posted October 7, 2014 I think they have cautioned you in that you do not have to say anything before taking a statement from you. You can only get a police caution at a police station usually from a custody sergeant. Quote Link to comment Share on other sites More sharing options...
j b lyons Posted October 7, 2014 Share Posted October 7, 2014 You were verbally cautioned in case you were over the limit or later found at fault in the collision. Police policy is that all collisions involving a police vehicle have to be attended by a supervisor. The caution is standard for everyone in these circumstances, the police driver will also have been breathalysed and cautioned, it is not a 'formal caution' as in lieu of a charge or conviction, it is purely procedural and is NOT a record of any sort. Nothing for you to worry about and will not effect your insurance. Insurance companies will sort it out and if circumstances are as you say then it is not a problem for you Quote Link to comment Share on other sites More sharing options...
j b lyons Posted October 7, 2014 Share Posted October 7, 2014 Hi there Jimi, How is the job going, still enjoying it? Quote Link to comment Share on other sites More sharing options...
silverbear Posted October 7, 2014 Author Share Posted October 7, 2014 The Polis should be charged with careless driving or similar - it is their responsibility to be able to stop in time if a vehicle in front brakes. You should be writing to them holding them responsible for any damage to you or your car. They don't have a leg to stand on (unless maybe they collude to try to make out that you suddenly reversed at them). I think they have cautioned you in that you do not have to say anything before taking a statement from you. You can only get a police caution at a police station usually from a custody sergeant. Ok - that would seem to make sense. You were verbally cautioned in case you were over the limit or later found at fault in the collision. Police policy is that all collisions involving a police vehicle have to be attended by a supervisor. The caution is standard for everyone in these circumstances, the police driver will also have been breathalysed and cautioned, it is not a 'formal caution' as in lieu of a charge or conviction, it is purely procedural and is NOT a record of any sort. Nothing for you to worry about and will not effect your insurance. Insurance companies will sort it out and if circumstances are as you say then it is not a problem for you Ah okay that definitely seems to fit the situation. All in bold is consistent to what I was told. Insurance company has said it will affect my premium unless/until the police insurers pay out, at which time they will have deemed to have accepted liability. (The driver of the police vehicle did shake my hand & apologised as I left, so I'm guessing they will be admitting the collision was their fault). Thanks all for your input, I feel more reassured now after having seeds of doubt sown by friends. (if you make yourself known to me in the Iron Horse or Ferry on Saturday, I'll buy you a drink). Quote Link to comment Share on other sites More sharing options...
jimi hendrix Posted October 7, 2014 Share Posted October 7, 2014 Hi John still enjoying it despite the mountains of paperwork. Getting to grips with things now but every days a school day with the job. Quote Link to comment Share on other sites More sharing options...
Orraloon Posted October 7, 2014 Share Posted October 7, 2014 You were verbally cautioned in case you were over the limit or later found at fault in the collision. Police policy is that all collisions involving a police vehicle have to be attended by a supervisor. The caution is standard for everyone in these circumstances, the police driver will also have been breathalysed and cautioned, it is not a 'formal caution' as in lieu of a charge or conviction, it is purely procedural and is NOT a record of any sort. Nothing for you to worry about and will not effect your insurance. Insurance companies will sort it out and if circumstances are as you say then it is not a problem for you Do you drive police cars in South Yorkshire,, by any chance? Quote Link to comment Share on other sites More sharing options...
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