1 of my friend sms a girl asking her for sex and that he is
willing to pay. She make a police report for outrage of
molesty.
After my friend went down to make a statement, 9 months later
the police contact him to close the case.
The police give him a conditional warning that he is not allowed
to commit any crime in the next 12 months or else they will charge
him in court for the new case plus this outrage of molesty
case.
It is the Chief Investigating Officer who issue the conditional
warning. He seems to be a big shot in the police force because he
have his own office and my friend saw alot of other police officers
bringing in people to his office for him to give them warning.
My friend find this conditional warning to be very bullshit.
Because it should be AGO who issue him the warning and not a what
Chief Investigating Officer. The Chief Investigating Officer does
not have the authority to issue a warning. Only AGO and the judge
can give warning.
Moreover, my friend did not have any criminal offence in the
past too. This is his 1st case with the police.
Is the Chief Investigating Officer abusing his authority to give
unauthorised warning letters?
AGC [and not AGO as you have stated] is the one that gives
directions for the Police to act on. The Police consult AGC on
possible ways to deal with cases, and once AGC give directions for
the Police, the Police will then act accordingly. In this case,
your friend was given a conditional warning simply because AGC has
given the Police directions for this to be done. If AGC says to
charge, then your friend would have been charged. AGC has the
final say. Simple as that. Judges give sentences to accused
persons, not warnings. AGC deals with the process
of prosecution, not the final outcome [e.g. warning]. Get your
facts right before you shoot your mouth off.
The fact that this is your friend's first case with the Police
is exactly why he is not charged. Also the Chief Investigation
Officer is one of the people authorized by AGC to administer, as
well as give out, letters of warning.
All in all, tell your friend to be thankful and take this chance
not to reoffend. Rest assured the next time he comes to adverse
notice, he will not get another warning.