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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69779
Experience:  Over 5 years in practice
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Hi my partner has recieved a simple caution for common assault.

Resolved Question:

Hi my partner has recieved a simple caution for common assault. Upon release she was told that was the end of the matter. Some hours later she recieved a phone call from the Police stating that the victim was happy with the caution but had expected a written letter of apology. She has been advised by the police to write this letter A.S.A.P.
If a simple caution was issued should that not be a satisfactory outcome having obviously admitted guilt to the offence?
Would a written letter of apology requested by the victim not be considered restorative justice and totally different to a simple caution or can they go hand in hand?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. I presume the police only recommended she do this, she was not told she has to?

Customer:

Hello,She was told to as this would avoid any further Police involvement

Jo C. :

Was this definitely only a simple caution rather than a conditional caution?

Customer:

Was a simple caution with no conditions attached

Jo C. :

Then you are right.

Jo C. :

If you she has already accepted a simple caution it was issued with no conditions and the victim will have to be as displeased as she likes.

Jo C. :

She can't do anything about it now if the caution has already been issued.

Jo C. :

There may well be complaint letters flying everywhere but that isn't your problem.

Customer:

I don't have the sheet in front of me right now but can remember the wording at top as being simple caution restricted when complete. and handwritten was comman assualt under section 39

Jo C. :

It is a good idea to check that as you don't want them revoking it for failing to complete the condition although from their reactions so far it would seem that they issued a conditional caution by mistake.

Customer:

I will double check but if it does as I believe say simple caution from a legal stand point the matter is clossed and any further proceedings would need to be taken in a civil court

Jo C. :

Yes, thats right.

Jo C. :

Of course the victim may go ballistic and complain about it but thats for the officer to worry about.

Customer:

She doesn't want to be in a position where the victim says I've not recieved an apology. I doubt she will to be honest as he is a door supervisor and probably rather embarressed by the whole event

Jo C. :

No. I do see that.

Jo C. :

The problem is that the only way to prevent that is to write a letter of apology.

Jo C. :

It doesn't have to be a particularly contrite letter of apology of course.

Jo C. :

Some letters of apology really just amount to other insults.

Customer:

OK thank you I was just confused that a simple caution was issued on admission of guilt for a low level offence and that would be end of it. Didn't expect Police to tell her to write an apology after the caution and having spoken to the victim.

Jo C. :

Well, they can demand a condition before issuing a caution but they haven't done that here.

Customer:

So a letter would just be a polite gesture on her part to show willing

Jo C. :

Yes, basically but if this is a simple caution then she is free to do nothing. It comes down to whether she wants to do the police a fvour.

Jo C. :

favour.

Customer:

OK thank you very much for your time :)

Jo C. :

No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer:

Thanks :)

Jo C. :

All the best.

Jo C., Barrister
Category: Law
Satisfied Customers: 69779
Experience: Over 5 years in practice
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