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.

No one on the thread has said ALL

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

Maybe (some of them) they were fundamentally decent people who knew they had done wrong and were prepared to acknowledge it?

Stranger things have happened at sea.

Thanks op

I disagree with nicknak. It still goes on. Today. I know of 2 cases in the last few years where police have not behaved well. The ideal of how they should behave is not always followed. Most people know this is true and goes on in most professions, not just police.

Not all police, solicitors, social services, schools etc behave admirably. I’ve seen schools behave terribly and falsify records, in relation to 2 special needs girls locally, in different years to my ds’s. Not good.

Not everyone follows procedures.

You might know of two. I know of countess cases where officers have been disciplined which if the police turned blind eyes to poor behaviours then they wouldn't have lost jobs, been sanctioned etc. So this false impression that the police police themselves is rubbish.

The simple answer is if you find yourself being arrested (and yes - innocent people do get arrested - all you need to arrest is a suspicion you then obtain evidence by questioning- ) the custody Sgt goes through all your rights and entitlements- 1 being the right to free and independent legal advice.
Take it. I know and trust in my integrity and I know I’d never try to pursuade an innocent person to take a caution. But taking advice is a sure fire way to make sure you avoid the chance of that happening.

Thank you so much OP, good advice and I'll certainly remember that :)

Sorry Damnitall but I’m calling BS on your story. Your DP would not have been offered a caution at the side of the road because it’s not possible to do.

It’s the same charging threshold for a caution or a charge. So generally if you don’t accept a caution you will go to court. At court you may or may not be found guilty.

Yes that is what should happen. Does not mean it always does.

Surely someone in possession of something that they did not know they had, is not a crime?

That depends on what the person is found in possession of - some things, such as (to put it delicately) certain types of picture, come under what is called "strict liability": possession is, in itself, an offence, whether or not you knew that you were in possession.
There may be defences that can be used in those circumstances, but not being a criminal lawyer, I wouldn't know either way.
You can still be charged, though I doubt you would be offered a caution for something in that class - unless you are rich and powerful, of course, or in the same lodge or fraternity as the Chief Constable (in which case you probably are rich and powerful).

Brasty, cops are no longer measured on hitting targets.

On of the examples given even involved the CPS agreeing that there was enough evidence of a successful prosecution so hardly bent cops pulling a fast one.

Also, whilst cops are held to a higher standard so are Drs and yet they kell thousands of people a year and they’re not all lumped together.

Besides. My first comment stands. If you (or another poster) have been issued a caution and disagree with it. Go and challenge it. Sadly, I’ve been on the end of many complaints where someone’s accepted a caution and weeks later a family member has complained as there was ‘no evidence’. However, the offender had simply changed the story so they didn’t look like a bad person.

I can only speak for myself and my colleagues but it makes little/no difference if a caution is accepted or not. Perhaps a bit more paperwork but that’s about it.

I would always urge people to seek legal advice though regardless of the circumstances.

I am well aware that people change stories from reality. I have seen this in my job too. But the two people I know who had this happen are not the kind who would lie. They simply would not have told me about it. They had no reason to, I would not have found out.One accepted the caution although innocent, the other said no way.

Any contact with the police sticks like mud. Forever. I complained about a neighbour once in a previous house and it was twisted against me more latterly. I never trust the police now, always invest in legal advice.

liketoshop In what way was it twisted?

Brasty, you can say what you like about how honest the people are till to are blue in the face. However, only they and the police know for sure. As I’ve said, tell them to challenge it. I bet they don’t though!

Actually I will, and I bet she will. Or at least take legal advice about challenging it. She is young and pretty shy and naive, I can see how it happened. But if her parents provide support, she would.

And I do understand that police probably hear all the time - I didn't know that was there, someone must have put it there. But in her case it is true. Don't know if she could realistically prove it though.

It’s not for her to prove. Either the police had enough evidence or they didn’t. If they failed to do the basics then the caution is removed.

Never ever accept a caution if you know you have done nothing wrong a caution will-go down on a criminal record and if like me you are a teacher or work with young or vulnerable people this could effect your job. let them take you to court if they feel that they have enough against you.

For anyone looking to have a caution removed.

www.gov.uk/government/uploads/system/uploads/attachment_data/file/430095/Record_Deletion_Process.pdf

Pickles, everyone and I mean everyone has broke a law, at some stage of their life’s.