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.

diddl I don't know. I don't know enough about the law. But maybe a drugs test would have shown that she did not take drugs? The point she was innocent and should have checked first what was her best option.

You aren't going to drug test someone. The offence is possessions of the drug.

Brasty, plenty of dealers don't take drugs either. Possession is possession.

I agree. My sister got no end of shit over a caution for possession of 0.5g of cannabis (or thereabouts) when she was a teenager.

I know. Did you miss the bit where I said I don't know how the law would have worked in this case, but she should at least have got advice first?

And I suspect anyone who is really involved in crime will know all this anyway. It is someone like me who years ago may have accepted a caution if innocent. The idea of going to court would have terrified me.

My brother accepted a caution for being in a car with his older brother's friends when one of them had shoplifted. He was only 18 and the others were much older.

The police just offered them to everyone in the car. You can easily be intimidated into accepting one

My brother was intimidated into accepting one. His ex had him arrested for assault when he prevented her from damaging some stuff in the home, by holding onto both her arms. He was taken to the police station - got the neighbour in to look after the kids - and wasn't allowed home again until he accepted the caution, which he finally (and furiously) had to do at around midnight. She was in the legal profession so knew he'd have to.

I wouldn’t accept ANY advice given here. Sometimes a caution is the best outcome, sometimes it’s not. However he devil is in the detail. I’d suggest seeking legal advice anytime the police are involved and you’re being classed as the ‘offender’

I think if I was ever arrested I would tell all my friends and family that I accepted a caution even though I was innocent in order to avoid court too

What innocent person accepts a caution , if someone has told you this they are probably a liar and you must be a mug because anybody with half a brain cell wouldn’t admit to something they didn’t do .

Then you don't understand how easily someone who is not used to the law can be intimidated.

And innocent people confess to serious crimes like murder all the time.

Not many cautions for murder though and there's usually a need to go to court.

What innocent person accepts a caution , if someone has told you this they are probably a liar and you must be a mug because anybody with half a brain cell wouldn’t admit to something they didn’t do .

I've acted as appropriate adult for 2 family members who were arrested. I can very easily see how some police officers can convince someone to accept a caution when they are actually innocent, especially in he said she said situations.

Don't be so naive flora
If you are in a cell at 2am not knowing what the hell is going on and a nice policeman tells you to accept a caution and you will be out, no chance of court and no harm done, of course you might do it.

I don't think the police do it out of evilness. They probably think they are doing the person a favour, getting them sorted and home asap.

Conveniently glossing over the impact of having a caution on your record.

No of course not. That's fine continue defending the police even though I and others here know innocent people who have accepted cautions or been offered cautions.

This link gives advice. And as it outlines,sometimes accepting a caution is the right course of action.
thejusticegap.com/2014/09/hidden-mischief-police-cautions/

I’m not being naive , I’m just sensible . ( and not pissed or on drugs so can make sensible decisions) .

And here is a thread of people who say they are innocent and accepted a caution such as -

"Yes for an alleged minor motoring offence, the hassle of going to court is not worth it plus the police almost always win ."

Floral I am not pissed either and have never taken drugs. But I have lived in very rough areas and I know the police do treat people in these areas differently, including when you are innocent.

diddl I don't know. I don't know enough about the law

That's evident from pretty much all your posts on this topic.

But maybe a drugs test would have shown that she did not take drugs? Nope, irrelevant. The offence is possession She was in possession.

The point she was innocent Not in the eyes of the law she wasn't.

and should have checked first what was her best option Well the option was court or caution.

The police cannot issue cautions without there being enough evidence to pass the threshold test for trial. Easier just to believe they spend their time fitting up members of the public I suppose

I’m not being naive , I’m just sensible . ( and not pissed or on drugs so can make sensible decisions)

Well good for you. Do you never get nervous? Scared in unknown situations? Do you know the one and outs of every law? Know the likelihood of what gets taken to court and what doesnt?
Becasue all the above are reasons "sensible" people might accept a caution... not just becasue they are high on drugs or alcohol.

I have lawyer friends who have told me never to accept a caution if offered one.
I know the thought of going to court would have terrified me when younger and I could have easily been intimidated into accepting a caution if innocent.

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

I really think you want to amend that OP title to If you are INNOCENT never accept a caution

If you are guilty, it may well be the best thing you can do: for yourself (because the outcome of a court case may well be worse), to avoid publicity, and for the sake of not wasting public money.

Unless you are prepared to argue that no guilty person ever gets offered a caution, of course.

The police offer cautions in lots of cases of he said, she said.

And you only have to read cases of people who have been found guilty in court and are later proven to be innocent to know that sometimes the threshold of evidence is very low.

cortthatwas If someone is guilty but there is no evidence, they may decide not to accept a caution in the hope the case gets dropped, which it may well be.

Blimey there are some very skewed ideas of what happens under these circumstances- I've been in the business of giving cautions and my categorical advice would be to not accept the caution if you are innocent - accepting the caution is effectively an admission of guilt. The police will then need to charge you or NFA the matter. If you have committed the offence then it may be a good outcome. There is however a lot of half truths and rubbish on this forum so my advice if you find yourself In a police cell is to seek proper legal advice - it's free and independent.