Accepting a Caution after turning it down

[StupidFriend]

Have NC for this and hoping there is a criminal lawyer/expert here.
A friend was a tit at the weekend and got drunk. This then led to friend assaulting several people (2 doorstaff, and 2 members of the public). Friend was arrested. The following morning friend couldn’t remember a thing and when presented with charges/evidence denied any wrongdoing. Friend then turned down the (very lenient) offer of a caution, despite the solicitor advising him to do so.

48 hours later friend has realized that he should have accepted the caution, as if this went to court and there was cctv he would at the very least be charged with ABH/GBH.

Friend called the police station and asked if he could retrospectively accept the caution now. They said that it had gone to the CPS, but he could get his lawyer to try and get them to accept the caution if he wanted.

What are the chances that he will now be able to accept said caution?

Hopefully zero.

Assaultimg people is a bit more than just being a bit of a tit.

Hopefully zero.

With a bit of luck they’ll throw the book at this utter scumbag.

A good friend of mine stopped working doors because he didn't know if one night would be his last.

ABH on 4 people isn't being a bit of a tit its being a no mark thug.

Also being so violent you assault 4 strangers and then have no recollection doesn't sound like just drunk. He didn't take the caution and will have to take the consequences.

@Neondisco

Assaultimg people is a bit more than just being a bit of a tit.

This.

Hope he gets charged.

His solicitor can write to the CPS and make representations. The police will only offer a caution when the offender has made an admission of guilt, so if they've denied it so far then it's odd they'd be offered a caution at all.

Ultimately, yes it's possible, especially if the officer in charge and the CPS lawyers are swamped, which is highly likely they are. I accepted the one and only request for a caution post-charge that I saw in ten years as a copper. Different circumstances though.

Don't ask, don't get.

'A bit of a tit' to me is falling over, breaking something, being sick, jabbering on a bit too much perhaps? Even accidentally falling on someone and hurting them.
Not commiting assault.
Weird they were offered a caution in the first place.

There's a chance but depends on full admissions, any previous convictions, wishes of the victims, views of police, level of injury. If he is legally represented then should contact the cps and indicate willing to make full admissions and see whether prosecutor will recommend to police to caution

Not admitting at the time for what sounds like quite an unpleasant incident does risk charges I'm afraid so it may not be offered again.

I thought a caution could only be offered if the person had admitted the wrong doing

Hopefully no chance.
This is not being a ‘bit of a tit’ at all.
A ‘bit of a tit’ does not assault four people.
Imagine how they Woke up the next day feeling? Do you think they thought it was just a bit of drunken nonsense?
Tiny bit of luck a prison sentence will change your friends ways!

😂 He's not going to go to prison for this, they barely imprison for far more serious violent offences these days. If he's eligible for a caution, it's unlikely he has a serious criminal record for relevant offences.

The type of charge will also depend on whether any of the four made statements or if it's being treated as a public ordered offence rather than individual assaults.

Your 'friend' is an arsehole. Just saying.

Assaulting someone is being more than a bit of a tit. Getting assaulted can be seriously traumatic and can affect people years later down the line.

Also completely devoid of any conscience, in turning down the caution and denying everything.

Why are you friends with this sociopath?

I hope they don't.

A caution would only be appropriate if the person admitted guilt and was remorseful.

This man is only wanting take one now as he realises he is going to get a far more serious conviction. He doesn't have remorse for his victims only for himself.

Assaulting 4 people is not "being a bit of a tit because your drunk", it's being a violent thug. Stop minimising the behaviour.

I hope they throw the book at him.

A bit of a tit

He assaulted 2 people just doing their job and 2 people randomly out and about enjoying their evening.

He's been a drunken cunt. Hopefully one who won't be let off with a caution.

He has had legal advice so I assume it was explained to him that it will have the same impact as a a conviction so any job requiring DBS checks etc will be affected.

there was cctv he would at the very least be charged with ABH/GBH.

If I were a victim I'd be suing the police for - wrongly - trying to dispose of a serious criminal case (14 years in prison for GBH) with a pathetic "caution".

GBH is an incredibly serious charge. I'm staggered how much you've minimised this, OP. Your 'friend' is a violent danger.

@chunderwunder

GBH is an incredibly serious charge. I'm staggered how much you've minimised this, OP. Your 'friend' is a violent danger.

The next charge up from GBH is attempted murder.

The best thing your friend could do is get into a treatment program and thence into recovery so that by the time court rolls around he can argue that he has completely changed his life.

If GBH is even on the table as a charge this was an extremely violent offence.

Ex police. 👋🏻

IME his brief can contact CPS but they are likely to laugh at his late admission of guilt (sudden attack of conscience) and continue with the charge.

Especially if the victims are willing to pursue the allegation.

Do you know the exact nature of the injuries caused? Unfortunately what would be considered GBH by most normal people is actually way below the charging threshold for court. (As an example - a victim I worked with had 15 stitches in her face but the CPS would only accept 17 stitches as GBH despite her trauma and permanent scarring). I would bet good money than the charge is dropped to common assault before the first hearing.

"Your friend's" best bet is just to continue admitting guilt and apologies throughout the paperwork exercise until court. The likelihood is, with an offer of a caution they have no previous convictions for violence and they can most likely negotiate a lenient sentence for an alcohol awareness programme or a restorative justice exercise. Not that they deserve it.

I think assaulting four people whilst drunk, or at all, is absolutely disgusting and abhorrent. But I know full well how the justice system works and your friend will either get a suspended sense, community service, fine or other absolutely Scot free type conviction. Regardless of the long term effect on their victims.

Let's hope their mother/father/child/sister/brother etc are never assaulted by someone being a "bit of a tit".

Agree with all the posters re the he's not actually got any remorse it's all about the trouble he'll be in.