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URGENT ADVICE NEEDED ON REFUSING A POLICE CAUTION
18 Answers
I have recently ended a relationship that was abusive, the police had been called numerous times for his behaviour. I had regular conversations with a PC from the domestic abuse team so the police where aware of my situation.
In May the police were called again and my ex told them i had pushed him and broken his glasses, after statements were given I heard nothing more until 2weeks ago(2 and a half months later) the policewoman who took my statement in May showed up and she needed another statement because it had been lost in the system, I was ill when she appeared without warning and had great difficulty recalling the incident so before i had time to realise what was happening I admitted to pushing my ex and signed the statement(and the push was all i had done wrong-there was no violence)
After afew days the policewoman rang me to say i was being given a caution and needed to go to the station for fingertips, photo etc etc, I was distraught, I had been the victim and felt like i was being punished for my ex's actions, I then told her i was not accepting the caution, she then said she would ring me back in 10mins.......4 days later she was at my door at 11pm on a sunday night(unannouced and also waking my son!!) She told me i had to come the policestation at 8am friday morning to receive my caution for pushing ex, I was ill yesterday and i had no idea how to contact her to cancel, i did not even know her name...anyway to get the point she rang and said i had to be there at 3pm tomorrow(today)she was rude and was bullying me, and from what i can tell her superiors have been pushing her to close the case as it had been lossed in the system. Now i have no idea what to do (i'm scared and i have no support, and i'm a single mother so i'm pertrified with what may happen) I don't want to accept a caution(it will be on my record and affects my future working plans involving adults and children) PLEASE PLEASE CAN ANYONE HELP ME, SHOULD I JUST ACCEPT MY CAUTION FOR PUSHING? DOES ANYONE KNOW WHAT WOULD HAPPEN IF I DON'T??????
In May the police were called again and my ex told them i had pushed him and broken his glasses, after statements were given I heard nothing more until 2weeks ago(2 and a half months later) the policewoman who took my statement in May showed up and she needed another statement because it had been lost in the system, I was ill when she appeared without warning and had great difficulty recalling the incident so before i had time to realise what was happening I admitted to pushing my ex and signed the statement(and the push was all i had done wrong-there was no violence)
After afew days the policewoman rang me to say i was being given a caution and needed to go to the station for fingertips, photo etc etc, I was distraught, I had been the victim and felt like i was being punished for my ex's actions, I then told her i was not accepting the caution, she then said she would ring me back in 10mins.......4 days later she was at my door at 11pm on a sunday night(unannouced and also waking my son!!) She told me i had to come the policestation at 8am friday morning to receive my caution for pushing ex, I was ill yesterday and i had no idea how to contact her to cancel, i did not even know her name...anyway to get the point she rang and said i had to be there at 3pm tomorrow(today)she was rude and was bullying me, and from what i can tell her superiors have been pushing her to close the case as it had been lossed in the system. Now i have no idea what to do (i'm scared and i have no support, and i'm a single mother so i'm pertrified with what may happen) I don't want to accept a caution(it will be on my record and affects my future working plans involving adults and children) PLEASE PLEASE CAN ANYONE HELP ME, SHOULD I JUST ACCEPT MY CAUTION FOR PUSHING? DOES ANYONE KNOW WHAT WOULD HAPPEN IF I DON'T??????
Answers
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If you refuse to accept the caution the police (or more properly the CPS) have two options: they can either drop the matter or prosecute you (most probably for Common Assault).
If they start a prosecution you are entitled to see what evidence they have against you (which, from your description, is probably precious little). As has been mentioned, you...
If they start a prosecution you are entitled to see what evidence they have against you (which, from your description, is probably precious little). As has been mentioned, you...
12:44 Sat 13th Aug 2011
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You can refuse to accept the police caution, but since they are only supposed to offer you the option of a caution if there are sufficient grounds for a prosectution you might be better off accepting it. You can complain if you have felt bullied and coerced to say things you didn't mean, but if you have amde a statement saying you pushed your partner then it might result in a court appearance an conviction anyway if you decline the caution. Get some legal advice if you possibly can.
you have a valid point and I will always carry that guilt as far as my child is concerned. It took me alot of courage and strength to get him out of our lives and was gradually getting our lives back on track..so this situation seems to of knocked me back down again hence this is why i'm asking for some advice
Count you are the most unhelpful, dim witted individual I've ever had the misfortuner to encounter on here and that's saying soemthing. I know she doesn't have to accept the caution and have advised her thus- but I am not a solicitor, hence the suggestion that she gets legal advice and doesn't just take my word for it, I'd have thought that was obvious, or at least would be to anyone with a brain, you've posted twice on one thread, both times unhelpfully.
If you refuse to accept the caution the police (or more properly the CPS) have two options: they can either drop the matter or prosecute you (most probably for Common Assault).
If they start a prosecution you are entitled to see what evidence they have against you (which, from your description, is probably precious little). As has been mentioned, you really need to see a solicitor. There is the issue of your second statement being taken from you. The interview from which this arose should have been conducted under “PACE” which means you should, among other things, have been properly cautioned and offered the opportunity to seek legal advice before the interview took place. There is also the question of your state of mind and physical health when this statement was taken. Section 76 of PACE deals with challenges to the admissibility of confessions in criminal proceedings. It directs that courts exclude confession evidence obtained by oppression or in circumstances which were likely to make the confession unreliable.
All this needs to be properly examined and challenged as necessary. As you realise, a police caution, whilst not a conviction, will be held on record and will show up when an enhanced CRB check is made. If you believe you have committed no offence you should not accept the caution. It seems likely that the police want simply to put this matter to bed as simply and swiftly as possible and you are under no obligation to help them do that.
If they start a prosecution you are entitled to see what evidence they have against you (which, from your description, is probably precious little). As has been mentioned, you really need to see a solicitor. There is the issue of your second statement being taken from you. The interview from which this arose should have been conducted under “PACE” which means you should, among other things, have been properly cautioned and offered the opportunity to seek legal advice before the interview took place. There is also the question of your state of mind and physical health when this statement was taken. Section 76 of PACE deals with challenges to the admissibility of confessions in criminal proceedings. It directs that courts exclude confession evidence obtained by oppression or in circumstances which were likely to make the confession unreliable.
All this needs to be properly examined and challenged as necessary. As you realise, a police caution, whilst not a conviction, will be held on record and will show up when an enhanced CRB check is made. If you believe you have committed no offence you should not accept the caution. It seems likely that the police want simply to put this matter to bed as simply and swiftly as possible and you are under no obligation to help them do that.
New judge...tyvm for yr advice, has helped emormously. Still afew things that i am worried about now....I was ment to be in the station right now(3pm) but rang and left a message for the policewoman that i was ill and would not be attending. So i am now expecting her to either show up here or ring me, the one thing i a terrified about is can they arrest me for refusing the caution? I am tempted to speak to her superintendent for her bullying behaviour and pressuring me with accepting the caution and feel like my accepting would be helping her out with this case being lost in the system and she needs to make amends. We shall just have to wait and see.........A huge ty to every1 else that offered thier advice
Well i never....after feeling liberated telling the police woman I am not accepting my caution......low and behold I receive a summons at the magistrates courts on the 6 sept for 'assult on 'victim' by beating him on the 13/5/11'.? I'm completely flabergasted and no words cannot describe the way i am feeling (out of all the anguish and pain i have been thro I have NEVER EVER felt suicidal as i know that no matter how u feel today tomo is another day and yr feelings r diferent...but today knocked me sideways and i seriously felt a thought 'what is the point anymore'? I'm tired, tired of fighting the mountain I everyday have to climb but only to realise every step i take feels like i'm climbing a sand dune n sinking slowly bkwards. My life has always been difficult, been no one year has gone without a hiccup (not talking yr average day to day issues)
If i knew i had done something that when i woke in the morning felt it was wrong and unacceptable then i wud b the 1st to hold my hands up and admit and appologise, but i know the incident that is taking me to court is something i will fight till i am blue in the face and never ever admit to believing i did wrong...I would be deceiving myself and accepting being guilty. I have been rummaging thro my paperwork n found letters addressed to my ex from the solictors he saw when arrested for assulting me over the last 18months, the things he has done to me is behond belief.... from strangling,kicking,spitting,pillow over face (list carries on). He was verbally abusive too. He has been arrested numerous times for the things he has done.....but becos he has the gift of the gag he wiggled his way out.....so here i am, no previous records or Mr meaners, being treated like a criminal for 'pushing' him ( I can assure all u sceptics out there that pushing is the only harm i caused. I have yet again been thrown in2 a position that i have no idea wot to do....I have no legal representation and I am on sick leave n in receipt of benefits.....who do i turn to? If any1 out there mayb of assistance it wud be grafefully accepted (may i ask only people with knowledgable and beneficial info pls reply)
many tnx :)
If i knew i had done something that when i woke in the morning felt it was wrong and unacceptable then i wud b the 1st to hold my hands up and admit and appologise, but i know the incident that is taking me to court is something i will fight till i am blue in the face and never ever admit to believing i did wrong...I would be deceiving myself and accepting being guilty. I have been rummaging thro my paperwork n found letters addressed to my ex from the solictors he saw when arrested for assulting me over the last 18months, the things he has done to me is behond belief.... from strangling,kicking,spitting,pillow over face (list carries on). He was verbally abusive too. He has been arrested numerous times for the things he has done.....but becos he has the gift of the gag he wiggled his way out.....so here i am, no previous records or Mr meaners, being treated like a criminal for 'pushing' him ( I can assure all u sceptics out there that pushing is the only harm i caused. I have yet again been thrown in2 a position that i have no idea wot to do....I have no legal representation and I am on sick leave n in receipt of benefits.....who do i turn to? If any1 out there mayb of assistance it wud be grafefully accepted (may i ask only people with knowledgable and beneficial info pls reply)
many tnx :)
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