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can I refuse caution after police interview

(18 Posts)
zarah21 Sun 19-Nov-17 10:54:19

Hi,
From previous posts you'll see I was ill advised by legal rep and I went down the trying to get restorative justice route after advice. I was quite open with answers, said I don't remember pulling hair, it must have happened when I pulled her off my OH. I said I am sorry about the situation. Again, didn't saying sorry for hair pulling.

I know I'm clutching straws here, but I work for a travel company and travel will be difficult with a caution.
Can I not accept it if indeed that's their decision? Girl didn't want to go to court. Could this still result on NFA.

tellmehowtoget Sun 19-Nov-17 11:05:29

If you don't accept the caution then it will go to court for the court to decide the sentence/outcome. It's better to have a caution than a conviction. Cautions are only given if you have admitted the offence in interview.
As you have admitted the offence in interview it is almost certain that a court would find you guilty of the offence and you will get a conviction rather than a caution.

tellmehowtoget Sun 19-Nov-17 11:07:17

Are you sure you haven't already accepted the caution though? You are not normally released from police custody without an outcome, either a caution, charge or bailed for further inquiries.

zarah21 Sun 19-Nov-17 11:18:59

@tellmehoetogetit definitely haven't accepted anything. The charge is abh for hair pulling. I admitted to pulling her off my OH and assuming that's when that happened. But I said I have no recollection.
If the girl doesn't want to go to court, will it still go to court on that admission?

zarah21 Sun 19-Nov-17 11:21:11

Sorry must add they are hopefully reducing it to common assault. So I'm awaiting their decision moving forward as to how they will punish me. 👍 (Like I'm not already having enough nervous shits) >.<

zarah21 Sun 19-Nov-17 11:22:17

Whoops not sure what 👍 was for. Nothing 👍 👍 👍 about this

zarah21 Sun 19-Nov-17 11:23:39

Sorry @tellmehowtogetit I'll add I went in voluntary for interview under caution.

lookatyourwatchnow Sun 19-Nov-17 11:28:17

But if the girl doesn’t want to go to court I would imagine it won’t get that far?

Did you sign anything at the police station? You would have had to sign to accept the caution.

Pigletthedog Sun 19-Nov-17 12:12:52

You can only be issued the caution if there is sufficient evidence to take the matter to court.
If the victim doesn't support a prosecution then it is unlikely there will be sufficient to pursue a charge of assault. Unless there is a significant backstory and the police feel it is in the public interest to pursue a victimless prosecution (ie in domestic violence cases).
Alternatively there's the option of you being charged/cautioned for a public order offence.
I would say get further legal advice as your solicitor will know more than us/probably you too.

Pigletthedog Sun 19-Nov-17 12:16:27

Not sure the first paragraph of my reply made sense.

To clarify, the police can only offer you a caution if there is sufficient evidence to proceed to court should you refuse to accept the caution

Otherwise they'd just be able to go round willy-nilly being able to issue cautions to people with little or no evidence.

tellmehowtoget Sun 19-Nov-17 19:18:33

Sorry had no wifi since my reply! But yes I'd perhaps refuse the caution and let it go to court. It all depends on whether the "victim" has made a statement, as a court case, combined with your admission in interview could be enough to find you guilty in court.
Also the victim could receive a summons to attend court even if she doesn't want to, and can even be arrested herself in order to go to court and give evidence.
If she's not made a statement and there's a lack of evidence then it won't make court.
Usually the crown prosecution service will make a decision whether there is enough evidence to send a case to court or to NFA it.

tellmehowtoget Sun 19-Nov-17 19:19:47

That was meant to say that with a victim statement and your admission in interview it could be enough evidence to take the case to court.

burntup Mon 20-Nov-17 11:11:14

Get a good lawyer and get a transcript to see exactly what you have admitted to. What was she doing to your husband. Why did you need to pull her off of him. Were you acting on defence. See what your solicitor advises you to do.

burntup Mon 20-Nov-17 11:19:23

I've just read your previous post where you say you were advised to admit by your solicitor even though you have no recollection of doing so and there is no cctv evidence.

I'm assuming she was hitting your husband. You have played this all wrong. You need to get a good solicitor now (look in legal 500 for your area). Was anyone else there as a witness that can give evidence on your behalf.

It's fine to be sorry the incident took place but not fine to be sorry the offence took place. You need to be very clear on what you have admitted. What's the po like? Have they sent to cps yet?

IAmALeafOnTheWindWatchHowISoar Mon 20-Nov-17 20:17:59

Please have a read of this thread OP

www.mumsnet.com/Talk/am_i_being_unreasonable/3091080-To-tell-you-never-to-accept-a-caution

zarah21 Sun 26-Nov-17 23:53:28

Hi all, thanks for all your advise. I had to switch of thinking about this for a while as a was getting very ill over it. Yes, @burntup reckon we have played it all wrong. I have spoke the legal rep once since the interview as I was so upset. I called her and she says she believes she did the right thing by me. I even said, but the girl doesn't want to go to court and I'm not on cctv doing it?! She said there was clearly a scuffle at some point. I even asked can I refuse the caution and she said no. She also said it would not be NFA.
The po was a nice guy; he saw I was clearly devastated by the turn of events, but I asked my rep if I could call him to mention the affect it would have on my career and she said no. So I have to hang tight I guess. She said I can't use self defence because when I was pulling her off OH I was behind her, nor can I use provocation (her OH started shouting and swearing abuse which created the turn of events) because of the force I used. (I think)
It's a bloody mess, can't wait for it to be over. I don't think I could handle court. Or afford court. So I will have to accept the caution should it be handed to me. Gutted though. I will then have to sit down with The Boss and tell him I have pulled someone's hair and now I have a criminal record. (Actually sounds unbelievable... He'll smell a rat that doesn't even exist no doubt) Great. 👍

zarah21 Mon 27-Nov-17 00:10:33

@tellmehowtoget they had a witness statement from her and her partner. (Which had no mention of the scuffle between her OH and mine; the whole reason this happened.)
Now I'm thinking about this again, I won't sleep tonight. :'( darn it! Thanks for your response though. Grateful for all advice.
I will take whatever happens now. I can't fight this. I think what's more frustrating is I feel powerless. I read a lot of blogs and forums before my interview. I went with the mindset of a no comment interview after a prepared statement and then was advised to answer the questions and be remorseful. I feel like a fool, I should have known better. I'm beating myself up so much about the whole thing and that I want more strong willed. :-(

zarah21 Mon 27-Nov-17 00:19:31

@burntup do you think if I called the detective and explained my concern, given its between restorative justice or a caution, do you think that could help sway their decision? Perhaps let me off of the caution? am I being naive??

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