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.

I've had a policeman caution me after an accident at the roadside, except he didn't. Later lied and told us he did. He absolutely did not but I had no choice but to accept blame for the accident and go on the course they said I had to go on.

That is the simplified version but I would never trust a policeman in that situation again, the way they handled it meant a lot less paperwork for them.

They should discuss it with a lawyer first

Bratsy, they're given every opportunity to do so. If they fail to do so that's their look out. I'm genuinely surprised most people think police officers are that invested in cases where a caution is a possible outcome! Accept it/Don't accept it and go to court. Get found guilty/not guilty. Most officers I know couldn't care less either way. It's never anything personal.

"Today 16:33 Grumpyfrog

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

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

A few people have tried to explain this

Grumpyfrog Not the experience of my friends or some of the people on this thread either.
Although my friends who were asked if they would accept a caution and said no, did say that nothing else happened. It may be that people are asked if they will accept a caution before all that paperwork happens?

Unlike a few posting here, I don't hate our police. I find the best way to avoid a caution is to abide by the law. Having reached my fifties I have never been in the position where I have had to decide whether or not I should agree to a caution or not. I did however get a speeding ticket in 1994 for doing 38 mph in a 30 limit. If you don't want a caution do what the rest of us do, avoid trouble.

Bratsy Was this a fair few years ago? There's simply no way this can happen now. Too many checks and balances

Earlier this year GrumpyFrog. The policeman interviewed them about the allegation, they told them it was a load of rubbish. He asked if they would accept a caution. They told him no. And after pushing it a bit more, he left and they heard nothing else, as there was absolutely no evidence at all.

I really am a big fan of this being taught in schools. I think people really need to learn the basics of law, and what the police can and can't do.

Bratsy, they were interviewed about an offence at home?

I think your post is really odd tbh. As a society we should ensure Guilty people also get the best advice to ensure they get the best personal outcome within the legal system.

So someone accepts a caution for something that the police don't have enough evidence/ resource to prosecute them for (for example)

It's a slippery slope when you start not caring what happens to criminals because they did something wrong and you never would

This is advice I have given my DCs. It is too easy for someone to panic and think that accepting a caution makes the problem go away.

Grumpyfrog Yes

As I understand it if you accept a caution then it's an admission of guilt but the police will not take any further action. However you will have it on your record forever and will have to declare it if asked do you have any criminal convictions. Therefore do not accept a caution without legal advice; better to go to court, if it gets that far, and you are no worse off if found guilty.

The people on this post who think you just have to avoid breaking the law to avoid a situation where you might be offered a caution are living in some idealistic fantasy land. I once knocked over someone who stepped in front of my bicycle. It was entirely her fault but she contacted the police and accused me of assault. I was interviewed and declined a caution because I didn't assault her. It got as far as court before the CPS dropped the case due to a lack of evidence (well, duh!).

Sounds very odd. It's plausible they were contemp note interviewed but it wouldn't make sense to do so. Besides the officer wouldn't be in a position to offer a disposal decision themselves there and then and certainly wouldn't offer a caution if they've denied the offence!

Could your friends be confusing the caution i.e. what's said before any interview about suspected involvement in an offence, with a caution? I'm clutching at straws here because none of what you've described realistically could happen

TonTonMacoute My son was offered a fine instead of being charged and going to court for something he did 10 months ago, and hoped it had been let drop, so your friend may well get something popping in the door at a later date (Scotland also.)
Son paid fine today, so it will not go on his record.

Therefore do not accept a caution without legal advice; better to go to court, if it gets that far, and you are no worse off if found guilty.

You are in terms of potential punishment in court!

Yep. My line of work means people have to declare their convictions and cautions are always counted. They might be disregarded, but they have to be declared. It opened my eyes a bit as previously I'd been in the 'cautions are a warning' camp.

I know people who are 100% innocent of crimes but pleaded guilty in court. The current system of early guilty plea scheme, Newton hearings, and limited legal aid for defence mean our legal system is a joke and innocent people's lives are being destroyed.

GrumpyFrog No he asked them clearly if they would accept a caution. He did say that it could not happen at their home. And they had said the offence did not happen, that it was a malicious allegation. They thought the police officer was trying it on. One of the couple did a law degree, but is not a lawyer, so I doubt he would be confused about being asked if they would accept a caution.

As I said, after the police officer left, nothing happened afterwards.

I once got offered a caution after being quite badly assaulted in the town centre by two very drunk girls. At the time the police arrested all 3 of us despite at least 5 respectable door staff making it very clear that I had not even engaged with them had done nothing wrong was not even drinking and was pretty much just minding my own business when these two girls just jumped me.

Needless to say I didn’t accept their offer

Then if it is as described (Not being awkward I'm just genuinely gobsmacked) they need to put in a complaint asap. No place for officers like that in the force.

nocake - thanks for making me laugh out loud. Yeah, I was living in some idealistic fantasy land that being Woodhouse Park, Wythenshawe until the age of 23. Sorry to burst your bubble. I'm sure you would prefer me to be a naice middle class Home Counties type person. I saw lots of trouble around me but chose not to be part of it, honestly.

I suspect there is a good reason behind the OP starting this thread. Perhaps he or she found themselves on the wrong side of the law, accepted a caution, then felt aggrieved by the situation afterwards.

As I said, if you don't want a caution then don't get in trouble. This advice has served me well for over fifty years.

GrumpyFrog There are people if they told me something about the police,I would take it with a pinch of salt or thought they were confused. For many reasons I totally believe them.