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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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Towards the end of my past relationship my ex partner and I

Customer Question

Towards the end of my past relationship my ex partner and I were involved in a heated argument which ended in my pulling the windscreen wipers off of his vehicle (childish I know!). The following morning I offered to pay for the damage, this was declined. Over the next few weeks I made several more offers to pay for the replacements all of which he turned down.
Eventually the relationship broke down entirely. My ex now feeling rather hurt decided to take the matter to the police and report the incident as criminal damage. We have both provided statements to the police which on the whole agree with one another. I have agreed that I did cause the damage and he has also agreed that he turned down my offers to pay for repairs.
My ex partner is pushing to take it to court but the police officer dealing with the case has persuaded him to agree to a caution.
Should I accept the caution, which I understand will stay on my record and need to be disclosed to future employers or should I refuse it and gamble with taking the matter to court?
As we have both agreed that I did cause the damage, and he is on record as saying that he declined my offers to pay for the damage is there really any case to be hear?
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.
Do you have any previous convictions please?
Customer: replied 3 years ago.

Hi,

no, I don't have any convictions or record of any sort.

Customer: replied 3 years ago.

Hi,

no previous convictions

Expert:  Jo C. replied 3 years ago.
How long ago did this happen please ?
have you admitted this to the police already?
Customer: replied 3 years ago.

It took place on the 30th May or around that date and yes I have been interviewed and admitted it took place.

Expert:  Jo C. replied 3 years ago.
Thanks.
In that case your only option now is to take the caution.
You have admitted the offence in interview and so they will prosecute you and you will be convicted.
If you had made a no comment interview that you would have had other options. Whether they would have charged you or not is another matter. It wasn't reported expeditiously and he may not have given evidence.
There is no point in crying over spilt milk though. You have admitted it so they can prove this.
Take the caution.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

Oh well,

so much for being honest!

thanks for the advice though.

Expert:  Jo C. replied 3 years ago.
Yes, it was a mistake.
At least, I would never suggest that anybody lie but silence is golden at a police station especially when you don't have a defence.