Civil Matter and Caution

[abasit]

Hi, my friends company had some money missing, (over a thousand pound) thus she got arrested by police as she was supposed to be working on that shift. She got a caution etc. As shes has never been arrested before, and being in a state, she just signed the caution. Now the civil matter has been brought forward asking her to pay for the money that went missing. She didn't take the money, nor do they have any evidence against her. I would just like to know, if signing a caution will impede if she takes it to trial?

[Ethel]

You get cautioned if you admit that you are guilty of the offence.
This is enough evidence for the employer.

What sort of trial is she thinking of taking it to?

[bednobs]

i agree with ethel - a caution is an admission of guilt, therefore the company have the right to seek the money back from the person who has "confessed"
was she sacked?

[abasit]

Well, the 1st letter arrived today demanding a payment. I dont have experience with criminal proceedings. I thought a caution is only valid, if there is evidence against the person. no? She demanded to see evidence, they said it wasnt available, being stuck in a police station for a few hours for the 1st time, does make you do silly things :(

[abasit]

Yes she was sacked, guess will have to cough up the money.. ..

[Ethel]

A caution is a formal warning that is given to an adult who has admitted the offence. If the person refuses the caution then they will normally be prosecuted through the normal channels for the offence.

There doesn't need to be evidence for a caution - it is the admittance of guilt that counts.

This would have been made very clear to your friend - the police don't aim to hoodwink people into making false confessions. She would have been properly advised and made to understand the implications.

She would not have admitted she took the money if she didn't - she would have refused the caution.

[abasit]

Thanks Ethel for the clarification.

[factor-fiction]

Ethel,
Is one entitled to have a solicitor/representative with you when the police issue the caution?

[Ethel]

Yes. s.58 Police and Criminal Evidence Act gives everyone the right to legal advice, in private and free of charge.

Further, s.3.1 of Code C of the same Act states that the arrested person should be made fully aware of their rights and it is usual to issue a booklet that states all these rights after they have been explained verbally.

s.3.5 of Code C also requires that the arrested person sign the record to confirm that they have been advised of this right.

[sara3]

is there a 28 day "cooling off" period? we issue cautions at work (a government dept, in line with PACE) but there is a 28 day period when it can be withdrawn.

she should check the paperwork but be warned.. if she can withdraw it they will probably prosecute.

[sandmaster]

I believe that accepting a caution gives you a criminal record. This could affect her life in many ways in the future. She may even find it difficult to get insurance for her possessions if she takes out household insurance. Finding alternative employment may also prove difficult.

[Ethel]

No, sara - there is no cooling off period with a police caution.

[flip_flop]

I think it is quite clear what has happened.

Your friend was caught with her fingers in the till, coughed to her crime and accepted the caution thinking that would be the end of it.

Only now, now that she is being asked to repay the money she stole, is she trying to wriggle.

[abasit]

well thats not true, having kept waiting she just wanted to get out of there... ohwell, thanks for all the input. its much appreciated.

[Skyline D]

Have to say, presuming she didn't do it, and doesn't already have criminal convictions to the extent another one would have little relevance, then there's no way on earth she should have accepted a caution. It's an admission of guilt, pure and simple.