Try Circular F11/2003 re ad pens, but basically you’re saying to the claimant ‘we think you committed such and such an offence, you have the choice to accept an administrative penalty or we will take the case forward for prosecution’.
An adpen is not an easy sanction that can be offered if you think the person is guilty but you’re not quite sure that your evidence would stand up in court. If they refuse the ad pen, then you ought to prosecute. If you’re not prepared to prosecute the offence, then don’t offer an ad pen.
The ad pen agreement that the person signs accepts that the LA believes it has sufficient grounds to instigate legal proceedings in respect of an offence. By signing the agreement, the person agrees to pay a penalty and the LA agrees not to prosecute in respect of that offence. If the person refuses to sign or later withdraws their agreement to the ad pen then the LA [i:843edee84a]may[/i:843edee84a] instigate those proceedings.
Effectively it’s not an admission of guilt, unlike a caution, although you could make a very persuasive argument as to why anyone would accept an ad pen if they weren’t guilty. Then again, advocates coming from a welfare viewpoint could say that some people are so distressed by the investigation process that they’ll pay money to have the nightmare finished. You pay your money, you take your choice!