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Speaker 1: Unfortunately, the hitsdouky coming from police for police. It's now

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Speaker 1: been revealed that thousands of formal warnings are said to

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Speaker 1: be white from police records because officers haven't followed proper

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Speaker 1: protocol for years now. Formal warnings are basically used to

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Speaker 1: avoid going to court, but there is a record. John

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Speaker 1: Monroe's a defense lawyer and with us Morning, John, Good morning.

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Speaker 1: Are you surprised to hear that as many as sixty

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Speaker 1: seven percent of these maybe no non compliant and may

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Speaker 1: have to be wiped?

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Speaker 2: I'm very surprised. Why surprised? Well, it's a pretty simple process.

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Speaker 2: It's similar workin to the diversion process, which we already

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Speaker 2: have as well. But it's simply taking an allegation to

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Speaker 2: a person and making it sure they accept it before

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Speaker 2: and accept responsibility for it, before they've give them a warning.

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Speaker 2: And it sounds to me that that's what hasn't been done.

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Speaker 2: I'm not entirely sure, but by reading between the lines,

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Speaker 2: I think that's what's been done incorrectly, is that they

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Speaker 2: haven't got acceptance from all of these people our prior

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Speaker 2: to giving them a formal warning.

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Speaker 1: How many do you think might been issued here? I mean,

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Speaker 1: I know, we know it's thousands, but thousands is a

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Speaker 1: very big range.

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Speaker 2: Look, it's it's it's a difficult one to put a

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Speaker 2: figure on it, but it's it's a very common practice

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Speaker 2: and which has been ongoing for some time, similar to

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Speaker 2: the diversion scheme, and a lot of low order offenses

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Speaker 2: are dealt with in this way so they don't have

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Speaker 2: to go through and clog up the courts.

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Speaker 1: What's your advice to people if they get if the

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Speaker 1: cops say to them they might give them the formal warning, resist.

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Speaker 2: No, No, It really depends on the situation. But if

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Speaker 2: if you have had a situation where they're giving you

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Speaker 2: a formal warning and you accept it, much like diversion,

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Speaker 2: then I tell them to accept it and it's much

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Speaker 2: better than going through the court system and having a

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Speaker 2: conviction on your record. But of course I've had situations

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Speaker 2: also where the police want to give them a warning

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Speaker 2: and say look, it's it's all fine, it all go away,

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Speaker 2: and you'll get a warning, but they don't accept responsibility,

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Speaker 2: and I say, no, we're not going to accept it

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Speaker 2: and take it through the court so we can prove

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Speaker 2: his innocence and show that he's innocent or go away basically.

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Speaker 1: John, thanks very much, really appreciate it. As John Munroe

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Speaker 1: defense lawyer. We'll talk to the Prime Minister who's going

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Speaker 1: to be with us in about twenty minutes or so.

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Speaker 1: About that.

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Speaker 2: For more from the Mic Asking Breakfast, listen live to

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Speaker 2: news talks. It'd be from six am weekdays, or follow

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Speaker 2: the podcast on iHeartRadio.