Quizzes & Puzzles13 mins ago
Simple Caution Affray correct?
I got a taxi home (7 seater) with my wofe and 3 kids after a friends party, the journey is 2.1 miles, we have walked it before. The driver told me it was �16, which is more than double the normal fare. I was pi$$ed off at that and gave him �10 and got kids and wife out. He came banging in my door and wouldn't go away. The wife gave me another �10, which I gave to him. He then stood on the doorstep aggravating me (why he didn't go and get the change I still dont know) I was mad by then, went out, and started hitting his drivers window. He turned round, and divve towards me at such speed I would have got knocked over, but jumped out of the way.
1 hr later while in bed, bang bang on the door, we will have to force entry. Police (wife had to let them in, they were that loud) got me out of bed, cuffed me, locked me up for the night, took statement in morning, I admitted what I had done, but the driver had added loads of things that had not happened, I paid nothing was one, I threatened with a knife, nothing of the sort happened.
I got a simple caution for affray, and sent home.....
Only now anm I realising what this actually means. He has told the police a load of crap here and I have a caution. What can I do now (this was Sunday am)
I am pretty worried as I need a clean police record for my job...........
1 hr later while in bed, bang bang on the door, we will have to force entry. Police (wife had to let them in, they were that loud) got me out of bed, cuffed me, locked me up for the night, took statement in morning, I admitted what I had done, but the driver had added loads of things that had not happened, I paid nothing was one, I threatened with a knife, nothing of the sort happened.
I got a simple caution for affray, and sent home.....
Only now anm I realising what this actually means. He has told the police a load of crap here and I have a caution. What can I do now (this was Sunday am)
I am pretty worried as I need a clean police record for my job...........
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You accepted the caution - did they tell you this was an admission of guilt?
If you didn't do any of the things you were accused of you should not have accepted the caution and let them pursue it through the courts, if it had got that far.
A simple caution is not a criminal conviction, but it will be recorded on the police database. It may be used in court as evidence of bad character, or as part of an anti-social behaviour order (ASBO) application.
The record will remain on the police database along with photographs, fingerprints and any other evidence taken. If you are cautioned for a sexual offence, you could be placed on the sex offenders register.
If a crime victim requests your name and address for civil proceedings, the police are legally obliged to give this information out, so you may still be sued for damages. "
http://www.homeoffice.gov.uk/police/powers/cau tioning/
If you didn't do any of the things you were accused of you should not have accepted the caution and let them pursue it through the courts, if it had got that far.
A simple caution is not a criminal conviction, but it will be recorded on the police database. It may be used in court as evidence of bad character, or as part of an anti-social behaviour order (ASBO) application.
The record will remain on the police database along with photographs, fingerprints and any other evidence taken. If you are cautioned for a sexual offence, you could be placed on the sex offenders register.
If a crime victim requests your name and address for civil proceedings, the police are legally obliged to give this information out, so you may still be sued for damages. "
http://www.homeoffice.gov.uk/police/powers/cau tioning/
Hi bobsp:
1. Were you actually interviewed in the morning when you had sobered up? If yes, were you offered free legal advice, and if so, did you accept, i.e. have a solicitor present?
2. I'm slightly puzzled that you were cautioned for "affray", a a Public Order offence which really requires more than just you and the taxi driver to be present. It also requires more than just shouting, swearing etc., probably fighting or trying to?
3. I'm not insinuating that you aren't being truthful, but you admit to being drunk and perhaps don't remember everything?
4. Purely from what you have said, it sounds to me(and this is of course only my opinion) that a more appropriate offence may have been Section 4A (Intentional Harassment, Alarm or Distress) , a less serious offence.
5. I'd be concerned as well if you didn't have legal advice, as I've indicated above.
1. Were you actually interviewed in the morning when you had sobered up? If yes, were you offered free legal advice, and if so, did you accept, i.e. have a solicitor present?
2. I'm slightly puzzled that you were cautioned for "affray", a a Public Order offence which really requires more than just you and the taxi driver to be present. It also requires more than just shouting, swearing etc., probably fighting or trying to?
3. I'm not insinuating that you aren't being truthful, but you admit to being drunk and perhaps don't remember everything?
4. Purely from what you have said, it sounds to me(and this is of course only my opinion) that a more appropriate offence may have been Section 4A (Intentional Harassment, Alarm or Distress) , a less serious offence.
5. I'd be concerned as well if you didn't have legal advice, as I've indicated above.
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