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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to think this was never a caution and if it was it was an over reaction.

71 replies

ACautionaryTale · 18/11/2019 15:06

Name changed for this as anyone who knows me will know this. I know my reaction was unreasonable however to this day, I still can't see how it was a police caution and am convinced it was a case of my friends a copper and I'll sic them on you.

Back in 2008, I allegedly received a police caution. Except the cheque I wrote (remember them?) was never cashed and nothing ever happened or was followed up.

I was shopping in Tesco in the run up to Christmas and a lady was shopping with her toddler and baby. To cut a long story short, the toddler was "entertaining" the baby and you could hear the screeches echoing across the store. When I got to the till to pay, there were plenty of people commenting on it so it wasn't just me it was annoying.

Just my luck the offenders decided to get into the queue behind me. My stuff was on the conveyer and the toddler started poking at my fruit which was level with her.

I asked the mother to get her to stop and she ignored me. So I tried asking the toddler and wafting my hands about - didn't work. At this point I said rather pointedly words to the effect of "If you don't stop her prodding my stuff I'll make sure she stops".

Queue a slanging match between the mother and me about kid expressing herself and me suggesting she learns to bring her kids up and not drag them up.

I had to go to the kiosk so by the time I got out to car park the other party were already at their car which was parked two spaces away from mine. The argument resumed. There was some offing and blinding on my part and lots of screeching from hers.

A few weeks later, my exDP got as letter from his works car scheme as the police had asked to identify the driver of the vehicle on the date. Revealed it was me and I was asked to come into the local police station. I was working in another part of the country and the only time I could go in that worked fro them was late in the evening on a Saturday. I didn't think anything of it so did not take any legal representation.

Off I trotted at around 8pm on a Saturday night (which I thought was weird). This copper sat me down and said I was being cautioned for a public order offence and starts a spiel. At this point I'm gobsmacked and doing a fish impression.

When he said it was an offence to swear around Children I actually laughed and suggested he walk up the local high street on a saturday and arrest many of the people there as most were swearing and there were children around.

Apparently I'd also threatened physical violence against a child (I had not). He said he was "quite concerned I was still worked up over this several weeks later"

I said "No, I'm worked up about the waste of police resources involved in tracking me down and all this over a verbal bitch fight at the check out"

Anyway, I accepted the caution as the easiest way of closing the whole thing, filled in the form, sent off my cheque and never heard anything else. Except the cheque was never cashed - surely if they hadn't received the money, they would have followed it up.

To this day, I do wonder if it was actually a caution or someone getting their mate to make my life difficult.

OP posts:
Tyersal · 18/11/2019 17:13

Eurghhh op not sure you were going to get people on your side her. I agree with you its such a pain when kids are like that in supermarkets and I too wouldn't want someone's kid touching my fruit. Threatening her was too much though.

I wonder how the law about swearing in front of a child is applied though as, as mentioned, there is both swearing and children on most high streets, often combined

Frenchw1fe · 18/11/2019 17:13

My only piece of advice is if the police ask you to attend an interview because you're accused of anything at all, however trivial, get legal representation.

prh47bridge · 18/11/2019 17:18

If this was a caution there would have been no money involved. They could only caution you if you admitted the offence and agreed to be cautioned.

A fixed penalty, on the other hand, can be issued regardless of whether or not you admit the offence and does require you to pay some money. So it sounds like they issued a fixed penalty, you paid, they registered the fact you paid (otherwise they would have taken further action against you) but failed to cash the cheque for some reason.

So, to answer your questions, no it wasn't a caution, it was a fixed penalty. I suspect the offence involved was the use of words likely to cause harassment, alarm or distress. On your description, there is a reasonable chance that you committed that offence, in which case the police did not over-react. You, on the other hand, appear to have massively over-reacted.

Breathlessness · 18/11/2019 17:31

How very different from the home life of our own dear Queen.

HopefullyAnonymous · 18/11/2019 17:38

Definitely a PND, which sounds like it was more than justified. Your behaviour was shocking.

ReanimatedSGB · 18/11/2019 17:48

Actually, one of the most important pieces of legal advice is this: never accept a caution. They can either charge you or fuck off (though better not to use those exact words). Mostly they will let the matter drop, as cautions are a way of 'clearing up' a minor crime, but if you have done nothing wrong, then refusing to accept the caution or admit guilt is your best option.

MyDcAreMarvel · 18/11/2019 17:49

You threatened to hurt a toddler! You were lucky to get off so lightly. You behaved appallingly.

TheQueef · 18/11/2019 17:50

Not really Breathless I heard big Phil got one recently Wink

caranconnor · 18/11/2019 17:52

My DP writes cheques and carefully tracks his expenditure. He says every year a few of his cheques are not cashed. I suspect that yours was somehow lost in the system.
And the police have always met in evenings and weekends. They are not 9-5 service.

TheQueef · 18/11/2019 17:52

I think it's a long time since our school days Solid that was my first lesson too.
Admit nowt.

VanGoghsDog · 18/11/2019 17:54

Just do a rights access request with the relevant force. Will cost you a tenner and you'll know for sure

If you mean a subject access request under the Data Protection Act there is no charge.

But if the op goes to the station it happened at and asks they will probably tell her. It might still show on an enhanced DBS check even if it is spent so it's good to know about it.

www.acro.police.uk/subject_access.aspx

IWorkAtTheCheescakeFactory · 18/11/2019 17:55

Anyway, I accepted the caution as the easiest way of closing the whole thing

The easiest way of closing if would have been to refuse the caution. They’d never have prosecuted you for that.

Never accept a caution without having a solicitor talk to you first.

flossletsfloss · 18/11/2019 18:00

Sorry but swearing in front of children is awful. You embarrassed yourself and deserved it. Hopefully you've moved on (?) and can just accept what it was. We all make mistakes but please don't brush off your behaviour. You swore in front of children and threatened a child. Yes they sounded awful too but you should have acted better. Just forget it. It does sound like a public order offence to me. No idea about the cheque though.

Mamabear88 · 18/11/2019 18:00

"If you don't stop her prodding my stuff I'll make sure she stops" If you'd have spoken to my child this way you'd have been leaving the shop with more than just your shopping dear. Ok the mother should have stepped in the first time you asked her child to stop touching your stuff but that doesn't give you any excuse to threaten someones child for acting like a child. Get over it, you got your just desserts.

Emeraldshamrock · 18/11/2019 18:01

You sound unhinged making threats to a toddler, if it was my toddler I may have been arrested. Wink
Move the fruit along the belt no need for anger.
You probably deserved a caution.
I hope you learnt to calm down since.

Catsick36 · 18/11/2019 18:02

Sounds like you got a penalty notice for disorder (pnd) about £90. He would have had to have said the words of the caution to you to ask you questions about what happened. You don't have to admit any guilt just accept the ticket. You paid it, nothing was processed, it happens sometimes.
You won't have an official police caution, but can find out if you go to the station and ask them.

ISmellBabies · 18/11/2019 18:02

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BlouseAndSkirt · 18/11/2019 18:05

You didn't get a copy to keep? You should have had a copy, whatever it was.

You realise accepting a Caution is an admission that you committed an offence?

"At this point I said rather pointedly words to the effect of "If you don't stop her prodding my stuff I'll make sure she stops". "

Have you taken steps since to control your aggression and anger?

Why didn't you just move the fruit out of the way ?

imaflutteringkite · 18/11/2019 18:20

OP you sound nice.

SaveTheTreesPlease · 18/11/2019 18:47

You made threats against a TODDLER?! I’d have had you fucking arrested too. I hope you’ve since sought help about your aggression.

And yeah, everyone knows you never accept a police caution FFS!

Passthecherrycoke · 18/11/2019 19:19

It was 10 years ago, the op doesn’t need a telling off now

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