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Pre court settlement.

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Harry10

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Does anyone know if an out of court settlement got from GWR is the same or different as out of court disposal?

Also could anyone kindly tell me that if 'interviewed under caution' is the same or difference as the police caution.

Thank you so much in advance.
 
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AlterEgo

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Does anyone know if an out of court settlement got from GWR is the same or different as out of court disposal?
They are not the same. They are different.

An OOCD is used for young people and is a police matter. An out of court settlement is you agreeing to pay (usually money) to redress another party's loss without the use of the court system.
Also could anyone kindly tell me that if 'interviewed under caution' is the same or difference as the police caution.
Again, they are not the same. They are different. A police caution is issued by the police, and requires the offender admit guilt.

Being interviewed "under caution" simply means your rights were read to you and the interview was conducted in line with the Police and Criminal Evidence Act 1984. "You do not have to say anything..." etc.
 

Fawkes Cat

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Does anyone know if an out of court settlement got from GWR is the same or different as out of court disposal?
They're the same: you and the railway have agreed what you will do (normally, give them some money) and what they will do (not take you to court) in return. So if you have settled out of court, but someone is asking you 'Have you ever been taken to court?' you can honestly answer 'no'. But if they are asking 'Have you ever been taken to court or come to an out of court disposal?' you will have to answer 'yes'.


(Edited in the light of @AlterEgo 's better informed post above)

Also could anyone kindly tell me that if 'interviewed under caution' is the same or difference as the police caution.
These are different from each other. If you are interviewed under caution, that means that you have been warned ('cautioned') that what you say is being recorded and you may be asked to explain what you said in court: So whoever is interviewing you thinks you may have done something wrong and could use what you say to prove it. This sort of caution doesn't mean you have done anything wrong: the police (or whoever) may have made a mistake.

A Police Caution is different. It means that the police have decided that you are guilty (and probably that you have admitted it) but rather than take you to court they are giving you a warning ('a caution').

So if the railway or the police talked to you and said something like 'I must caution you that anything you say may be written down and used in evidence in court'* and you are now being asked 'Have you ever received a caution?' then you can answer 'no'.


" Yes, I know there are precise words. But I can't remember them.
 

Harry10

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They're the same: you and the railway have agreed what you will do (normally, give them some money) and what they will do (not take you to court) in return. So if you have settled out of court, but someone is asking you 'Have you ever been taken to court?' you can honestly answer 'no'. But if they are asking 'Have you ever been taken to court or come to an out of court disposal?' you will have to answer 'yes'.


(Edited in the light of @AlterEgo 's better informed post above)


These are different from each other. If you are interviewed under caution, that means that you have been warned ('cautioned') that what you say is being recorded and you may be asked to explain what you said in court: So whoever is interviewing you thinks you may have done something wrong and could use what you say to prove it. This sort of caution doesn't mean you have done anything wrong: the police (or whoever) may have made a mistake.

A Police Caution is different. It means that the police have decided that you are guilty (and probably that you have admitted it) but rather than take you to court they are giving you a warning ('a caution').

So if the railway or the police talked to you and said something like 'I must caution you that anything you say may be written down and used in evidence in court'* and you are now being asked 'Have you ever received a caution?' then you can answer 'no'.


" Yes, I know there are precise words. But I can't remember them.
Thank you so much. That's such a relief.

== Doublepost prevention - post automatically merged: ==

They are not the same. They are different.

An OOCD is used for young people and is a police matter. An out of court settlement is you agreeing to pay (usually money) to redress another party's loss without the use of the court system.

Again, they are not the same. They are different. A police caution is issued by the police, and requires the offender admit guilt.

Being interviewed "under caution" simply means your rights were read to you and the interview was conducted in line with the Police and Criminal Evidence Act 1984. "You do not have to say anything..." etc.
Thank you so much for your explanation. Those terms are so confusing.
 

some bloke

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Harry10

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Thank you. From the read of the out of court disposals link here, I am conscious that it looks like out of court settlement and out of court disposals are the same thing? I am getting more confused now.
 

some bloke

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An out-of-court settlement is different - an arrangement between two parties rather than involving the police.

== Doublepost prevention - post automatically merged: ==

The out-of-court settlements discussed on Railforums involve individuals paying money to companies. Nothing is recorded on any police system about the agreement or the payment. "Out of Court Disposal" is a formal term for how police deal with a matter.


"At present, there are six adult OOCDs: community resolutions, simple cautions, conditional cautions, cannabis warnings, khat warnings and penalty notices for disorder (PNDs)."

https://www.gov.uk/government/publi...-bill-equalities-impact-assessment#background
 
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Harry10

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An out-of-court settlement is different - an arrangement between two parties rather than involving the police.

== Doublepost prevention - post automatically merged: ==

The out-of-court settlements discussed on Railforums involve individuals paying money to companies. Nothing is recorded on any police system about the agreement or the payment. "Out of Court Disposal" is a formal term for how police deal with a matter.


"At present, there are six adult OOCDs: community resolutions, simple cautions, conditional cautions, cannabis warnings, khat warnings and penalty notices for disorder (PNDs)."

https://www.gov.uk/government/publi...-bill-equalities-impact-assessment#background
Thank you! I was confused by the community resolutions one. Now I understand.
 
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