News0 min ago
Can I Get A Police Caution Overturned
2 Answers
This is a very long story but the short version is my ex had me arrested for 'harassment' because I text him asking for my property I left at his and money owed to me. He told them he wanted no communication with me at all. I received a police caution for it.
But since then he has text me every day. I have replied out of politeness but now I'm fed up. Can I somehow get my caution overturned because of this and if so how do I go about it?
Tia
But since then he has text me every day. I have replied out of politeness but now I'm fed up. Can I somehow get my caution overturned because of this and if so how do I go about it?
Tia
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.Most cautions are automatically filtered out from most DBS checks (which have replaced CRB checks) after 6 years.
However getting a caution completely overturned is only possible if a judicial review (or an internal police review) shows that there was an error in the process that led to the caution being given. That's likely to involve a great deal of legal expense.
Relevant links:
http:// www.the answerb ank.co. uk/Law/ Questio n126691 8.html
https:/ /www.go v.uk/go vernmen t/colle ctions/ dbs-fil tering- guidanc e
http:// thejust icegap. com/201 4/09/hi dden-mi schief- police- caution s/
http:// www.exp ress.co .uk/cel ebrity- news/50 1979/Me lanie-S ykes-wi ns-bid- to-over turn-po lice-ca ution
However getting a caution completely overturned is only possible if a judicial review (or an internal police review) shows that there was an error in the process that led to the caution being given. That's likely to involve a great deal of legal expense.
Relevant links:
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the short answer is "no"
you admitted whatever it was - when you accepted the caution
and so the opportunities for pleading later " I didnt really" are limited or else cases would go on and on [more than they already do]
If you want the property back you should go thro the "proper channels"
write a letter, write a final letter and then go thro the small claims court.
You cant just say "he owes me money" you will be required to prove it
Recovering property or a debt thro the courts when you have admitted harassment or in my case got a PIN ( basically it is a warning - I didnt accept the PIN I got it ) is a bit of a run around but it can be done - [since I er did it]
you admitted whatever it was - when you accepted the caution
and so the opportunities for pleading later " I didnt really" are limited or else cases would go on and on [more than they already do]
If you want the property back you should go thro the "proper channels"
write a letter, write a final letter and then go thro the small claims court.
You cant just say "he owes me money" you will be required to prove it
Recovering property or a debt thro the courts when you have admitted harassment or in my case got a PIN ( basically it is a warning - I didnt accept the PIN I got it ) is a bit of a run around but it can be done - [since I er did it]