s.5Suspects not eligible for a caution
5
Section 5Part 0

Suspects not eligible for a caution

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

A suspect may not be cautioned for an offence if at the time of the alleged commission of the offence, the suspect —
had in the preceding three years been convicted or cautioned for a similar offence;
was on police or court bail; or
was —
serving a sentence of imprisonment;
subject to recall to prison on licence;
subject to a non-custodial sentence under the provisions of the Alternative Sentencing Law (2008 Revision); or
subject to proceedings in the Drug Court.

Cross References