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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To tell you never to accept a caution?

414 replies

brasty · 19/11/2017 13:42

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.

OP posts:
AnnabellaH · 19/11/2017 15:29

How do you refuse the caution though?

TonTonMacoute · 19/11/2017 15:31

It’s a formal process, you have to agree to it. You can say no!

Candidaaurisistheonlynameleft · 19/11/2017 15:31

I was arrested when I was (just) 18 and given a caution for possession which has followed me around ever since (in my line of work I have to declare everything for ever).

I only know now that there's no way it would stand up in court. I was with my boyfriend at the time (also 18), who was trying to get a laughably small amount of hash from someone who was being followed by police. They arrested all of us, stuck me and my boyfriend in separate cells overnight (where they refused access to a solicitor - actually laughed at me when I asked) and offered us a caution as a way to get out in the morning.

Middle class kids, just finished our A levels, never had any dealings with the law, of course we signed whatever they gave us with no one to explain the ramifications.

I now know (too late) that they'd never have been able to convict, and we should certainly have had legal representation.

Candidaaurisistheonlynameleft · 19/11/2017 15:31

Apart from anything, we were never in possession!

scurryfunge · 19/11/2017 15:32

Anna, a caution has to be agreed and accepted. If you do not want to accept it you would be charged in stead. They are not forced.

Candidaaurisistheonlynameleft · 19/11/2017 15:32

This is now 30 years later by the way - I'm still pissed off about it.

stillvicarinatutu · 19/11/2017 15:34

before any caution is considered an interview will have taken place - all rights under PACE are explained including the right to free and independent legal advice.
a caution is only considered if the suspect has admitted guilt. if you are guilty, and you admit it its a way of avoiding the court process which for a lot of people is long winded and daunting.

ive not come across any one i work with who would "trick" someone into taking a caution.

Bubblebubblepop · 19/11/2017 15:34

Runners656 I imagine cautions are frequently used for things like pub fights, drunk and disorderly, possession of soft drugs.... things that police don't really want to waste time taking further

It is fairly common, ime, for police to caution the majority of people present at "bar brawls" rather than trying to work out who punched who

RatRolyPoly · 19/11/2017 15:47

I know someone who was considering accepting a caution for something they didn't do. They were released on bail and the conditions included not being at their own home when another family member was there. Fine, as they didn't do anything wrong and eventually this would be shown by the investigation, right? Ha! Weeks, MONTHS went by and the police seemingly did NOTHING. At least, nothing changed.

Eventually they offered a caution as we kept pressing them for some resolution, or at least development. Did you know they can keep you on bail with all sorts of restrictive bail conditions for a very long time (indefinitely??) without getting round to pressing any charges? No, neither did it.

The caution seemed like the only possible end to the never-ending bail at one point, as the police were getting nowhere left to their own devices.

TonTonMacoute · 19/11/2017 15:57

That sounds awful Rat!

A friend of DSs is currently on bail for something that he did that was stupid, but not really worthy of police time, but he has been told that the police have a year to bring charges. This is in Scotland though.
They are taking their time though, it’s been two moths and he has heard nothing.

ivykaty44 · 19/11/2017 16:10

Parents leaving there teens home alone, whilst nothing untoward happened have ended up with a police caution.

This was in the press some years ago 10 years, as the parent technical hadn’t broken a law but ended up with a criminal record unwittingly

ivykaty44 · 19/11/2017 16:12

Bubble

If I was in a pub and fighting started near the door - I certainly wouldn’t accept a criminal record through a caution for being present in the pub

Grumpyfrog · 19/11/2017 16:20

Did you know they can keep you on bail with all sorts of restrictive bail conditions for a very long time (indefinitely??) without getting round to pressing any charges?

That's changed this year, to the extent where police bail is pretty much non existent in all but the most serious of offences and the criminals are having a fucking field day with this development

Pomegranatepompom · 19/11/2017 16:21

Candi do you still need to declare? Lots of offences are removed after 11 years. Even if you need an enhanced DBS.

Grumpyfrog · 19/11/2017 16:21

It is fairly common, ime, for police to caution the majority of people present at "bar brawls" rather than trying to work out who punched who

Bollocks

Oblomov17 · 19/11/2017 16:22

Cautions are very damaging. Just be aware of that.

Bubblebubblepop · 19/11/2017 16:22

Maybe but you're not 23 and drunk Sad

Not really talking about everyone who happened to be present though, more the "brawlers"

WildBluebelles · 19/11/2017 16:24

Good advice. My friend who is a solicitor was assaulted by a man on the train and fought back in self-defence by pushing him, causing him to fall. He called the police and they came down like a ton of bricks on her (it was bizarre- I wasn't there but I can't imagine her randomly attacking a man on the train). They said she would be charged and she would no longer be allowed to work etc. They then tried to get her to accept a caution. Thankfully she told them to fuck off and surprise surprise they didn't charge her (presumably because any CCTV would have backed up her story).

corythatwas · 19/11/2017 16:26

Bubblebubblepop Sun 19-Nov-17 15:15:17
"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"

Common sense not to be surprised about it, certainly.

Common sense to tell them this is what they ought to do- not necessarily.

What we do and what we ought to do is not necessarily the same thing.

Grumpyfrog · 19/11/2017 16:27

Not really talking about everyone who happened to be present though, more the "brawlers"

So those involved in an offence are cautioned? What exactly is the problem with that?

Bubblebubblepop · 19/11/2017 16:28

No, they need to be given all the information and good legal their advice to make the best decision for them. What they should do morally (which is what you're getting at) isn't really relevant

Bubblebubblepop · 19/11/2017 16:30

Beachside grumpy, they might not have thrown any punches/ objects and even if they have the caution might make them worse off than accepting the charge and seeing what happens.

Bubblebubblepop · 19/11/2017 16:31

That's supposed to say beacause, not beachside!

Grumpyfrog · 19/11/2017 16:32

Bubble- they are given all the information. Before a caution is administered the information about DBS checks and cautions are handed to them on a laminated sheet. It explains about listed professions and what implications accepting a caution can have. They are given the option to discuss it with their legal rep. What more do you think should be done?

Grumpyfrog · 19/11/2017 16:33

Beachside grumpy, they might not have thrown any punches/ objects

Then they're not involved, why on earth would they accept a caution?