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.

Surely you wouldn't accept one if guilty either? Gives you the opportunity to have the charge dropped (although taking the risk it will be proven in court)

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

No they really don't

how can you know people who are innocent but accepted a caution by accepting a caution they are admitting guilt

I am just wondering if some are so sure that innocent people would never accept a caution, and that cautions are never offered unless there is real evidence - that there are lawyers advertising for clients that have wrongly accepted a caution when innocent?

As a former criminal lawyer I would never advise anyone to accept a caution without seeking legal advice.

In my experience the vast majority of cautions offered would not result in a criminal conviction.

Mmmm.... Money to be made in rescinding cautions in the new land of DBS checks??

Thank you Dublin That is EXACTLY what my lawyer friends (a couple) have said as well.

I'm a law abiding person (the odd speed limit excepted...). I am intelligent, know a reasonable amount about the law, deal with police officers and other law enforcement agencies as part of my job, white middle class etc etc.

And still, when I am stood in front of someone like an immigration official, or get pulled over by the police, I crumble a bit, lose my confidence, worry about what is going to happen...

Is it really that hard to imagine that someone can be pressurised into accepting a caution when really they should either have had the charges dropped or have gone to court?

Is this for all offences or are driving ones excluded?

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.

To be guilty of possession you have to not only be in possession of the drug (= the actus reus meaning the guilty act) but also need the relevant state of mind. (mens rea). If she did not know of the existence of the drug then she could not have the mens rea for possession, which includes knowledge of the drug. And therefore she would be not guilty.

Even better advise is don’t say anything to a police officer except to confirm your name and address and ask for a lawyer.

brasty Sun 19-Nov-17 15:00:40
"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."

Yes, they may well decide that. But that doesn't mean I think they "should^. I happen to think it is morally wrong to lie, and a great waste of public money to run unnecessary court cases.

"may choose" and "should" not the same thing

Most MNers are shocked and outraged about a 9yo lying about eating some sweets, and I am often surprised at the strength of feeling that goes into this one. But apparently once those same children are old enough to commit a criminal offence, it's perfectly fine to lie.

And maybe even though she was innocent, a caution would have been better. But I suspect if she had refused the caution and gone to court, that other friends would have been witnesses saying they knew it was drugs belonging to her boyfriend and that she did not use drugs. I don't know what would have been the best thing to do, but I know she should have taken legal advice instead of being frightened and accepting a caution.

Of course innocent people accept cautions. Just like I not people give false confessions. There are load of studies into why people do this, but never say you wouldn't. Under stressful circumstances, when they say they've got evidence you did and this is the best of a bad situation.

I know plenty of people who's teenage cautions have damaged or stalled their careers.

Corey it doesn't really matter what you think though does it? Surely it's common sense that a guilty person will try and get out of being punished

corythatwas
What is morally right is a different question. And for the record I am your stereotypical very law abiding middle aged woman. I do not even speed and never have.

Except I have undertaken cars on motorways. That is the only time I have knowingly broken the law.

Brasty, you little devil. Don't go admitting offences on a public forum.

"Just obey the law and the police tend not to bother you".

Tell that to The Birmingham 6 and Guildford 4.

TBF awwlook, I doubt cautions were ever on offer for the Guildford 4 and Birmingham 6...

This is very good advice OP.

There are occasions when accepting a caution is the right thing to do, but people need to be absolutely sure that they fully understand the situation, as explained to them by their legal advisor.

They should never accept one on the say so of the police.

Some people here should wake up to the possibility that sometimes innocent people can get caught up in this situation surprisingly easily.

surely there must be cases where someone dosnt accept a caution it goes to trial gets convicted gets a more harsh punishment than a caution

Very true, but They still went to jail for something they played no part in, so. The argument of behave and you'll be left alone goes out the window there

runner Maybe, but I am saying not to take a caution without legal advice.

"What innocent person accepts a caution"

I naively thought a caution was just a warning, so I can imagine people accepting it not knowing it will go on their criminal record.