Editor's Blog1 min ago
Can a caution be rescinded/overturned
My wife and I had our first baby over a month a ago and we were both stressed particularly my wife.One night we had an argument,i grabbed her wrist to prevent her from going to a cold room,thats all.She dialed 999 and police arrested me.I was kept in a cell overnight.I spoke to a solicitor in the morning.I was falsey informed that wife is still angry and go to court to press charges.She never said that infact she wanted to end the matter and wanted me back home but the police woman later told her they police never tell,in fact they try very hard to get a conviction.The info i got at the station was that my choices were between caution and conviction.I was tired and exhauted and desperate to get back to my family to reconcile which we did and now are fighting this battle together and are seeking a way out.
This caution can have detrimental effects for my profession.I never had any problems before.Can anyone tell is there a way to overturn this conviction,can someone please recommend a good lawyer in London who has dealt with such cases before?Any help will be appreciated. thanks
This caution can have detrimental effects for my profession.I never had any problems before.Can anyone tell is there a way to overturn this conviction,can someone please recommend a good lawyer in London who has dealt with such cases before?Any help will be appreciated. thanks
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I imagine your wife gave a statement immediately after and then in the cold light of day realised that she didn't want to take it any further?
Unfortunately, once your wife has made a report to the police of an assault and given a statement, it is out of her hands. It is not her decision to decide whether to prosecute or not and under the domestic violence protocols, the CPS are obliged to either prosecute (or the police have a discretion to issue a caution). So irrespective of what she thought about it, the CPS could (and would) still pursue it. Thus whatever you were told about your wife's willingness to go to court is in some ways irrelevant since the CPS could obtain a witness summons and witness warrant to get her to court and then apply to treat her as hostile. The only circumstances in which it would not pursue it is if your wife lied (and given what you have said above, this sounds unlikely).
I think in these circumstances, you are unlikely to be able to overturn a caution. There is the potential for an "abuse of process" argument, based on what you are told, but I do not know whether you can use this argument to overturn a caution (I only have experience of using it in court to quash proceedings).
Unfortunately, once your wife has made a report to the police of an assault and given a statement, it is out of her hands. It is not her decision to decide whether to prosecute or not and under the domestic violence protocols, the CPS are obliged to either prosecute (or the police have a discretion to issue a caution). So irrespective of what she thought about it, the CPS could (and would) still pursue it. Thus whatever you were told about your wife's willingness to go to court is in some ways irrelevant since the CPS could obtain a witness summons and witness warrant to get her to court and then apply to treat her as hostile. The only circumstances in which it would not pursue it is if your wife lied (and given what you have said above, this sounds unlikely).
I think in these circumstances, you are unlikely to be able to overturn a caution. There is the potential for an "abuse of process" argument, based on what you are told, but I do not know whether you can use this argument to overturn a caution (I only have experience of using it in court to quash proceedings).
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