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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69370
Experience:  Over 5 years in practice
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Im currently waiting to appeal against a caution that was

Customer Question

I'm currently waiting to appeal against a caution that was offered to me due to an harassment breach when I went to visit my ex-partner. I want to appeal against on these grounds:
>the harassment warning given to me stated that I had been harassing him from july to dec, yet the day the warning was issued we had in fact been away on a weekend together, therefore I feel the warning should have not been issued in the first place. Please note that this is from domestic abuse situation in which I left him, only to come home and find this, which seemed to serve no other purpose than for him to gain further control.
>I have been to the police about the abuse I have had no help, and was told that unless he confessed there was nothing the could do. Feeling my treatment from the police was inadequate and the little support they provide I decided to take matters into my own hands, and went to record a confession from him, ultimately this failed and furthermore the breach occurred.
>Since the abuse I have had problems with my mental health, I'm able to prove this. I'm also able to prove that during the breach, I was in fact in 'no fit state'.
>I have not got any criminal convictions
>I have been working with a domestic violence group and victim support, as well as treatment for my mental health since
>I'm also in the process of obtaining a non-molestation order against my ex-partner for threatening and spontaneous phone calls.
>I have responded twice to the calls, which further breach, but it might be useful to note that he didn't report this until the second breach, which I feel is because he knew what he was doing.
>Also it took him over two week to seek action on the harassment order, the police had tried numerous times but he had not responded. It was only when he received the non-molestation order, which I find a little too funny. Considering that if he truly felt threatened and upset by the breach he should have acted sooner.
>I can also prove that my mental state at the time of the interview was such, that I should not have gone through it without support of a support worker.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What is it that you want to appeal?
Customer: replied 2 years ago.

the caution that I was offered


 

Expert:  Jo C. replied 2 years ago.
Did you accept it?

When you say a caution, were you arrested and interviewed at the police station?
Customer: replied 2 years ago.

no ive not accepted it. I attended voluntarily over 2 weeks after the incident, and was interviewed

Expert:  Jo C. replied 2 years ago.
Thanks

Im sorry if I'm missing the point but what do you want to appeal then? There has been no caution so there is nothing to appeal
Customer: replied 2 years ago.

I breached an harassment warning, I was told to go back to the station to


accept a caution. I refused to accept and I'am now waiting for court appeal.


 

Expert:  Jo C. replied 2 years ago.
Thanks.

I'm just travelling at the moment. I will respond as soon as possible.

Thank you for your patience.
Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Jo C. replied 2 years ago.
Thank you.

What I need to know is this. What is the decision you want to appeal? Since there has been no caution there is nothing to appeal.
Customer: replied 2 years ago.

I want to appeal against been given a caution


 

Customer: replied 2 years ago.
Relist: Answer came too late.
Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Jo C. replied 2 years ago.
I'm really sorry but I'm still not sure what you actually want to appeal.

The caution was not accepted and so there was nothing to appeal.

If you disagree with a caution then the procedure is to refuse it and deal with the matter at court.

I suppose you could judicially review the decision to offer a caution but that will cost many thousands of pounds and it won't achieve anything that cannot be achieved at court by contesting the allegation.

If I've missed the point then I'm happy to discuss this.

Jo

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