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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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I have a Child Abduction Notice served on me basically saying

Resolved Question:

I have a Child Abduction Notice served on me basically saying I am not aloud to contact or meet the girl whos named within it. On Sunday I was at the trafford centre and saw the girl there. She came over to me and we talked for about 5/10 minutes before she went off back to shop. I did NOT take her to the trafford centre or bring her back from there. On Sunday night I was arrested for Child Abduction. I was questioned about our meeting at the trafford centre etc. I have now been given a bail notice but at the top it says 'Conditional Cautioning Decision' - I was wondering what this meant as it usually says awaiting further forensic evidence.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What would you like to know about this please?
Customer: replied 3 years ago.

I would like to know what the 'Conditional Cautioning Decision' means at the top of the bail sheet means, and also If I have broken any law by engaging in conversation with her at the trafford centre.

Customer: replied 3 years ago.
Relist: Other.
Answer is taking a while
Expert:  Jo C. replied 3 years ago.
How old are you and how old is she please?
Customer: replied 3 years ago.

I am 18 she is 14

Expert:  Jo C. replied 3 years ago.
Would this happen to be a young lady in care?
Customer: replied 3 years ago.

No shes lives with her mum and brother. I used to go to her school.

Expert:  Jo C. replied 3 years ago.
Thanks.

There are really two issues here. The first is the theory and the second is the reality.

In theory, here is no child abduction here if all you did was meet her by default and respond to her attempts to communicate.

However, the practical reality is that that isn't all that will be in issue here. You have to look at the whole case in the round. Always with these things, you have to try to think not only whether what you are actually doing is lawful but how it MAY look at an onlooker. The practical reality is that if you were seen speaking to her in public after a child abduction notice was served upon you then that probably will look suspicious and ultimately you are vulnerable here. This young lady will not the person prosecuted. I realise that she is probably encouraging you and I know its unfair but you are male and she is female and you are four years old than her and therefore you are the person vulnerable to accusations of grooming and other sexual offences.

A conditional caution just means that you will get a caution on certain conditions - probably to stay away from her. Staying away from her would be a good idea for other reasons but I don't think you should be accepting a caution lightly. You admit the offence if you do so and child abduction is one of those offences that sounds awful on your record even though the facts are often very trivial.

The reason they are considering a conditional caution is that their view will be that they will not find a jury in christendom who is going to convict an 18 year old for having contact with a 14 year old who is encouraging him. However, you must bear in mind that there are risks. The fact that a jury will be reluctant does not mean they will not and it doesn't mean you would not be at risk of remand in custody while a court is deciding.

Run for the hills. Normal people don't have the police on speed dial. Her parent are perfectly free to object to you as a suitor. They don't need to call the police and make wild allegations against you.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Ok, Thanks.


 


Am I correct in thinking this is what the police are thinking of doing - going down the conditional caution route as this is what it says at the top of my bail sheet. 'Conditional Caution Decision'


 


Thanks


 


Rob

Expert:  Jo C. replied 3 years ago.
No, not necessarily.

They are probably asking CPS if its an option for them which is why you are on bail but I don't think you should be accepting it.

The reality here is this. If this were a proper child abduction a caution of any kind whatever the conditions would be completely inappropriate. Their game is to offer a caution to get the matter shelved because they are aware that they would never get a conviction at court.
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