Select Committee on Home Affairs Appendices to the Minutes of Evidence

Annex A


  An offence is deemed to be cleared up when any of the conditions listed below is met. Italics denote the column on the Crimsec 1D into which each clear up should be placed.

  1.  A person has been charged or summonsed for the offence (irrespective of any subsequent acquittal)—charge/summons.

  2.  The offence has been taken into consideration by the court or if the unequivocal consent of the offender is obtained by way of statement of admission and desire to have further offences taken into consideration—TIC (split into whether an offence has been previously recorded or not).

  3.  The offender has been proceeded against in another police force area for the offence—otherwise.

  4.  The offender dies before proceedings could be initiated or completed—otherwise.

  5.  The offender has been cautioned by the police—caution.

  6.  The offender is ill and is unlikely to recover or is too senile or too mentally disturbed for proceedings to be taken—otherwise.

  7.  The complainant or an essential witness is dead and the proceedings cannot be pursued—otherwise.

  8.  The guilt of the offender is clear but the victim refuses, or is permanently unable, or if a juvenile is not permitted, to give evidence—otherwise.

  9.  The offender admits the offence but it is decided that no useful purpose would be served by proceeding with the charge—prison visit or otherwise depending on whether person is serving a prison sentence or not.

  10.  It is ascertained that an offence has been committed by a child under the age of criminal responsibility—otherwise.

  11.  An offence is admitted by a juvenile of the age of criminal responsibility and police take no action other than reporting the particulars to a local authority for action under the Children and Young Persons Act 1969—otherwise.

  12.  There is sufficient evidence to charge the offender but:

    (a)  the police prosecuting department, the CPS or a senior police officer decide that no useful purpose would be served by proceeding with the charge—otherwise; or

    (b)  for summary offences of unauthorised taking of a motor vehicle or criminal damage value over £20, the time limit of six months for commencing prosecution has been exceeded—otherwise.

  In cases where a warrant for the arrest of an offender, although issued, remains unexecuted, the offence should be regarded as undetected until the offender has been apprehended or until the case comes within the scope of the above paragraphs. As a general principle and apart from the examples above, it should be noted that where there is insufficient evidence for proceedings to be taken against a known and available person, the offence should be regard as undetected.

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