To tell you never to accept a caution?

[brasty]

Or at least not without legal advice.

The police often offer cautions in cases where they know there is not enough evidence to secure a conviction. So if you refuse a caution in these cases, the case will simply be dropped. The caution is offered so that the police can officially say the crime has been cleared and dealt with. But many people accept cautions when they are innocent, because of fear of going to court.

Or just obey the law and the police tend not to bother you

Did you miss where I said innocent people accept cautions because they are afraid to go to court?

Yes. It's pretty standard advice tbh. It's an admission of guilt without going to court, an easy win for the police.

If you refuse to accept it they either have to drop the charge or take you to court.

Chances are they'll drop it as if it was an open and shut case they would want to charge you. Instead they try their luck.

That’s right. Never accept a caution if you are innocent, as it will be shown as a conviction on PNC and will appear on DBS checks. A caution is a conviction without going to court.

I know people who have accepted one and were innocent. And even if you are guilty, consider carefully before accepting one.

pickles haha...... how naive you are!

A caution has to meet the same criteria for charging.

Pickles is probably a nice middle class woman who would be unlikely to have come across police offering a caution to an innocent person who says they are innocent. We all speak from our own experience after all. And I know it is working class parents generally who advise their teenagers to accept a caution, while middle class parents will rightly call a lawyer.

scurry That may be the law, it is not what happens in practice.

Examples?

Complaints from a neighbour about harassment that are made up. Neighbour made up harassment claims as the neighbours are a gay couple. Policeman visits gay couple and offers a caution. Which thankfully they said no to.

Woman is caught carrying drugs in her bag that she did not know were there. Suspected her boyfriend of spotting the cops and slipping them in. Told the police she was innocent, but accepted caution. I know this one sounds suspect, but I believed her. She left the boyfriend as a result of this.

I have heard other people who have accepted cautions where although they were guilty, there was no evidence at all.

Analee - nobody has ever given me this advice before. Thanks OP.
I did hear a couple of years ago that you'd have a criminal record if you had a caution, not something I knew before and I wonder if the police tell people that.
Can we have some more advice on what to do in these situations? At what point are you entitled to a lawyer?

I know people whose teenage cautions have held them back in their careers.

How do you know any of the anecdotes are based on fact though? Is this what people have told you?

Thanks OP. I didn’t know this. TBH I hadn’t actually given it any thought as I’ve not been in that situation so far. Good to know.

Of course that is what people have told me. But people I know well and trust. Why are you so certain that cautions are not offered when evidence is slim?

Because there are various gatekeepers to get past before a caution is offered. Officers don't just make the decision themselves.

So you obviously mean don't accept a caution if you are innocent?

My ex boyfriend was punched in the face by a police officer, in self defence he hit the police officer back (admittedly breaking his nose).

They offered him a caution even after viewing the cctv and seeing that the PO did indeed hit him first. My ex accepted the caution as they made out they were doing him a favour.

Just in case anyone wants to know the full story, a friend of his beat up and innocent guy, ex intervened which nearly ended up in a fight with friend and ex. Police showed up and assumed my ex was a suspect in the assault and hit him.

I witnessed everything, everyone in close proximity was arrested, I was stood too close and the PO came up to me and asked if I wanted a punch too.

diddl Even if guilty I would ask to speak to a lawyer first.

"Woman is caught carrying drugs in her bag that she did not know were there. Suspected her boyfriend of spotting the cops and slipping them in. Told the police she was innocent, but accepted caution. I know this one sounds suspect, but I believed her. She left the boyfriend as a result of this."

Glad that she moved on.

She had drugs in her bag, not sure how she could have got out of that?

Thanks OP, that’s not something I knew.

Never accept a caution if you haven't done what you area accused of.
Its an admission of guilt.
pickle's response made me laugh.

Police are dealing with low level nuisance and he says/he says/she says/she says etc crime all the time.
If they have a case of a fight where one party was minding their own business when the other party decided to thump them the police don't have time to work out who did what. They are likely to offer a caution in a case like that.
If they reckon both parties are evenly matched , of a 'type' and no one is seriously hurt.

So fingers crossed no one decides to embroil Pickles in a fight and then tell the police it was all her fault

Gwenhwyfar

Never speak to the police about a crime you may be implicated in without a solicitor. From the moment you are arrested everything you say can be used as evidence. Ask for a lawyer as soon as you get to the police station and say nothing without one.