I readily agree to Ian's observation that LAs SHOULD NOT seek adpens and cautions other than as an alternative to prosecution.
The reality, as Tony has inferred, is somewhat different. It is far from unusual for adpens to be offered is a manner that it thoroughly intimidating and makes it (almost) impossible for clmts with little knowledge of HB/CTB to be aware that there is no legal basis for having to accept the caution.
*Some* LAs do this precisely because they know that a prosecution is likely to fail, but rely on the lack of legal advice / knowledge to, frankly, frighten claimants into accepting the adpen.
Another poster on this forum, Neil Bateman, has commented on more than one occasion about the quality of prosecutions.
In my actual experience, as an albeit sweeping generalisation, the quality of LA prosecution cases is all too often abysmal.
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