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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69254
Experience:  Over 5 years in practice.
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does a police officer have to caution you before giving you

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does a police officer have to caution you before giving you a fixed penalty fine

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

I was stopped by police in London last night for using amobile phone whilst driving. my phone rang but i did not answer the call, i looked at it to see who was ringing,he said i was talking on it. I showed him the phone with the missed call on it. He was-int interested and he failed to read out my rights or or caution me. He gave me the fixed penalty notice. Did he do his job properly. kind regards XXXXX XXXXX

I know this isn’t going to be the answer you want to hear and it’s certainly not what I want to tell you. However, I wish to be completely honest with you so I cannot give you false hope.

I am afraid there isn't going to be any merit in this point.

Officers should deliver the caution if they want to rely on any comments that a person makes at scene. However, the failure to caution just means that he cannot rely on the responses.

It doesn't mean that the fixed penalty fine is not valid though or that the offence cannot be prosecuted I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
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