Driving Without insurance and Caution

Shaniniko

I got fixed penalty notice for driving without insurance 6 points £300 fine in May police stopped me for that it was my mistake that i didn't check my insurance because my insurance was cancelled . So when police stopped me and start asking for general question about driving license paperwork etc then officer say "i am giving you a caution" and you will get 6 points and say i am seizing your car and they said to me sign on these  2 papers and they give me one copy which was seizure notice. So my question is . Is this official police caution? Have i got police caution in my record ? Will this affect my future travel for usa canada? I made subject access request to ACRO but this comes "NO TRACE" and I already made into local police force but I didn't get any answer yet? 

Shaniniko

Shaniniko said:

I got fixed penalty notice for driving without insurance 6 points £300 fine in May police stopped me for that it was my mistake that i didn't check my insurance because my insurance was cancelled . So when police stopped me and start asking for general question about driving license paperwork etc then officer say "i am giving you a caution" and you will get 6 points and say i am seizing your car and they said to me sign on these  2 papers and they give me one copy which was seizure notice. So my question is . Is this official police caution? Have i got police caution in my record ? Will this affect my future travel for usa canada? I made subject access request to ACRO but this comes "NO TRACE" and I already made into local police force but I didn't get any answer yet? 

Do i need to disclose this caution for future jobs and for travel?

Car_54

Nothing to worry about. That does not sound like a formal caution, for a number of reasons.

E.g. cautions are given instead of, not in addition to, other disposals. Also, "You have to admit an offence and agree to be cautioned" Did you agree?

Either the officer was using sloppy terminology, or you misunderstood him.

AdrianC

Motoring offences are criminal offences, but the vast majority - including driving without insurance - aren't recordable offences.

Recordable offences are those which carry the possibility of imprisonment. Driving without insurance doesn't. There's a few others, but it's not on that list, either.

So when you're asked for jobs or travel, what they're basically asking about is recordable offences... because they're the ones that are actually recorded on criminal records databases, rather than simply on your driving licence.

If a job requires an enhanced DBS check, it'd show up - but not on a standard one.

lemondrops69

When he said he was going to caution you did he go onto to say “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”?

Shaniniko

Thank you for your reply. Seriously this is first time in my entire life to trouble with police. I don't know about police procedures  . First thing he say just " i am giving you a caution" then he say i am giving you paperwork how to claim back your car and they took my sign on 2 papers one is seizure notice which they gave me a copy. I don't know 2nd one may be that paper is caution one? I read somewhere if you got caution you will get copy of that caution. But they gave me seizure notice nothing else and after some days i got fixed penalty notice. And you know driving without insurance is offence. I am very regret for this. I don't have any intention to broke any law. 

Shaniniko

lemondrops69 said:

When he said he was going to caution you did he go onto to say “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”?

No . He didn't say anything like that

Shaniniko

AdrianC said:

Motoring offences are criminal offences, but the vast majority - including driving without insurance - aren't recordable offences.

Recordable offences are those which carry the possibility of imprisonment. Driving without insurance doesn't. There's a few others, but it's not on that list, either.

So when you're asked for jobs or travel, what they're basically asking about is recordable offences... because they're the ones that are actually recorded on criminal records databases, rather than simply on your driving licence.

If a job requires an enhanced DBS check, it'd show up - but not on a standard one.

Alright. Thanks . But I am worrying about caution . I don't know this is formal or simple caution.

Car_54

Some of the Ministry of Justice's procedures on cautions are below. These all indicate that you did NOT receive a caution.

"Where a police officer considers that a simple caution should be offered, the decision should, subject to section 17 of the Criminal Justice and Courts Act 2015 (see paragraphs 35-39) requiring the decision to be made by a higher-ranking officer, be referred to an officer of at least the rank of Sergeant who is not involved in the investigation of the offence, for approval."

"Before a simple caution is administered, the police officer seeking to do so must ensure the offender understands the implications of accepting a simple caution and consents to receiving a simple caution."

"Accepting a simple caution has potentially significant implications for an offender all of which must be explained to the offender before he or she is invited to accept it and the simple caution is administered."

See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/708595/cautions-guidance-2015.pdf

Car_54

And "formal" cautions no longer exist.

Shaniniko

Car_54 said:

Some of the Ministry of Justice's procedures on cautions are below. These all indicate that you did NOT receive a caution.

"Where a police officer considers that a simple caution should be offered, the decision should, subject to section 17 of the Criminal Justice and Courts Act 2015 (see paragraphs 35-39) requiring the decision to be made by a higher-ranking officer, be referred to an officer of at least the rank of Sergeant who is not involved in the investigation of the offence, for approval."

"Before a simple caution is administered, the police officer seeking to do so must ensure the offender understands the implications of accepting a simple caution and consents to receiving a simple caution."

"Accepting a simple caution has potentially significant implications for an offender all of which must be explained to the offender before he or she is invited to accept it and the simple caution is administered."

He didn't explain to me not at all except that words. I don't want to repeat it again. And thank you very much for your help in detail. One more if i get subject access request from local police which i applied if report comes back clear then i think it will much clear . But i have ACRO report with NO TRACE.