Police caution

[les_paul_robot]

Hello,

before Christmas I got suspended from my job because a jokey email I sent a colleague was deemed as threatening, and I was reported to the police for it. This bummed me out and I was in the self help section of a bookshop just browsing to see if there were any books to make me feel better. I turned around and the section on mind/body/spiritual was there and ...And The Truth Shall Set You Free stood out, so I bought it.
I had to go to the police station and luckily I asked a solicitor's opinion and she told me that I would be arrested when I got there, which was a huge shock to me. I've never comitted a crime in my life. She also said that it would be too difficult for the email to be proved a threat so I wouldn't be charged with that. I had representation when I got there, and I think because of this and the fact it was busy down there, I wasn't actually arrested but just taken to a room and I answered the PC's questions which she wrote down. (From another thread I've since realised I shouldn't have said anything, I think). I was told an inspector would look at it and decide on any action, but this could take around six weeks.
I had my hearing at work and they fired me. I appealed, and they stuck to their decision.
The police called me the other day and I have to go to the station to receive a caution tomorrow. Now, I think I don't have to accept this but then it would go to court. I'm prepared to do this because I have no job now and if a prospective employer looked hard enough they would see I was fired and I could do without them seeing a caution on my record too. I also hear it could affect my entry to the US if I ever wanted to go there. I'm slightly worried that if I reject the caution I may be arrested cos I really don't want to be fingerprinted and all that. Anyone got any advice? :(

[disorder2k8]

im interested to know what you wrote in the email, maybe that would give me more of a basis to form an opinion

[les_paul_robot]

Well, only wrote about three words, which were "Hi, remember this?" and I attached an excerpt of an article about a murder trial where the defendant said he lost it because he got called a loser. The recipient called some of us losers at the end of the office Christmas party in jest and I was just resuming some kind of dialogue from when I last saw her. I'll admit it was a bit clumsy but in no way was I offended by what was said, believe me I've been called a lot worse in my life, and it just didn't occur to me that the conclusion of it being a threat on someone's life would be reached, especially from someone who I thought I was kinda friends with and have several friends in common.

[rhydra]

One should never accept a police caution, if they have the evidence they will charge you, you will have a criminal record if you receive a caution, a cheap conviction for the police, why make it easy for them to convict you without a judge and jury?
It's just like rolling over and accepting your fate.
If they arrest you you will have a record of being arrested, if you accept a caution it's worse, it's a conviction, much the same as being locked up for 12 months.

[number_6]

Never accept a caution. Most people accept a caution without understanding it's implications.

[number_6]

Read this:

http://www.homeoffice.gov.uk/police/powers/cautioning/

And they remain there forever.

Depending on which line of work you are in, employers may refuse you employment.

[les_paul_robot]

Thanks for the advice.

[stickwhistler]

Read this:

http://www.homeoffice.gov.uk/police/powers/cautioning/

And they remain there forever.

Depending on which line of work you are in, employers may refuse you employment.


Not only that, but if you apply to work with vulnerable people,
the CRB check is 'in depth'.
If you were given a caution for a minor offence,
that doesn't really affect your employment
(e.g. possession of cannabis when you were 14)
and you didn't declare it, they might very well
refuse to employ you because it looks like you are lying on your application.
If you declare such a minor offence, they may well ignore it.

This happened to relative who went to work in the care industry.
They were found guilty of a minor offence, and appealed,
and the conviction quashed, leaving the court with an unblemished character.
On their application they put no convictions.
The CRB check stated a conviction for shoplifting aged 15,
even though they were found not guilty on appeal,
and the shop keeper was found to be lying to cover up her own actions.

It was shown by the care home people that minor convictions
that were declared were ignored, because they were in the past,
and by admitting them, the person had 'reformed',
but lying on the application was evidence of still being a 'bad person'.

As it turned out the care home allowed this application because
the full history was told at a meeting to discuss the CRB check,
and a probation period of work given, until the CRB record could be amended.

The CRB records were changed after threatening legal action for
various things related to loss (of work), defamation etc.
In 2007, 600 or so people were listed as having criminal convictions
where they had none.
As usual the jobs-worths that run/work the CRB don't give a toss,
and are run by the same scumbags who run TV licensing i.e. Capita.

[dreamweaver]

One should never accept a police caution, if they have the evidence they will charge you, you will have a criminal record if you receive a caution, a cheap conviction for the police, why make it easy for them to convict you without a judge and jury?
It's just like rolling over and accepting your fate.
If they arrest you you will have a record of being arrested, if you accept a caution it's worse, it's a conviction, much the same as being locked up for 12 months.

Absolutely.

[kajun666]

One should never accept a police caution, if they have the evidence they will charge you, you will have a criminal record if you receive a caution, a cheap conviction for the police, why make it easy for them to convict you without a judge and jury?



How do you refuse a caution, do you ask to be tried instead ?

Can some kind soul please explain the procedure of not accepting a caution etc.

[dreamweaver]

How do you refuse a caution, do you ask to be tried instead ?

Can some kind soul please explain the procedure of not accepting a caution etc.

You simply state that you won't accept the caution. The police then have to decide whether to charge you or to drop the matter.

[kajun666]

You simply state that you won't accept the caution. The police then have to decide whether to charge you or to drop the matter.

cheers m8, I'm learning summit new everyday.

[rhydra]

If the police want to give you a criminal record, a blot on your copybook it's best to make them fight you for it first and not let them stain your character without a struggle.

If they want to do it the easy way, for them, then there is a chance they know that it is the only way of adding to their clear up rate.
The odds are that they know the CPS won't take it any further, that's why they want you to accept a caution.

[les_paul_robot]

I got there on time, and had to wait 20min or so before being called into a room by an inspector (who probably had only just looked at the case in that time, I'm guessing). She explained what a caution was, and why I was being offered one - because of no prior convictions, that they thought I had admitted the offence in my previous questioning and that it was an alternative to going to courts but they believe they have evidence that it could've gone to court. She did say that I did not have to accept it. I said I would not be accepting it. She then explained it would go to magistrates, and in due course would receive a summons.
"Thank you, bye" I said.

I saw this on the internet about cautions, from an expat forum, quite interesting:
http://britishexpats.com/forum/showthread.php?t=577594&page=3

Interestingly, while I was waiting I saw a woman come in to report a motorcyclist trying to run over pedestrians or somesuch up the street. The officer asked "what's your name?". I think she gave it.
And another woman came in, not sure what incident she was referring to but I heard her complaining "why can't you give me their name when you're going to give it to the press later anyway?!"
Hmmm.

[number_6]

Hi, les paul robot. When explaining the caution to you did the inspector explain fully the implications of a caution and the problems it may cause you in the future? Well done for refusing.

[les_paul_robot]

Thanks. Oh yes she did explain that actually, she said how it isn't a conviction to declare but will give you a police record (I had to resist the "I've got all their albums though" joke) that could be a problem for some types of employment, and I think she gave some examples like the navy I think. I don't think she said it was permanent or any indication of length it would stay though.