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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I need advice on being cautioned due to criminal damage.

Resolved Question:

Hi, I need advice on being cautioned due to criminal damage. I attended my works xmas party on Friday and had too much to drink, I don't normally drink. On the way home I some how damaged a car windscreen wiper and was stopped by a PCSO at which point I stated I did it and when asked what I said the car. However I do not remember any of this. I was attested and advised by legal advice to accept a caution with the proviso that I pay for the damages. I have never been in trouble before I am a respected 49 yrs old male in a profession where my name is ***** ***** a made a mistake in accepting the caution and is there anything I should do now?
Kind regards
Richard
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello Richard my name is ***** ***** I will help you with this.
Alex Watts : Is there anything in particular you are worried about?
Customer:

Yes I'm not sure I committed the damage in purpose, and that as an Information Security Officer I could lose my job by my acceptance of the caution, which I was told was just a slap on the wrist.

Alex Watts : So why did you accept the caution if you did not do it?
Customer:

It was 2:30 in the morning, I don't remember what happened including the arrest, and I was advised by the free legal advisor to accept the caution as it was just a slap on the wrinst. I may have caused the damage, but I am not an aggresive person normally, don't normally drink and very concerned and worried.

Customer:

So the incident took place at about 8pm

Alex Watts : Yes. By accepting the caution you accept you did the damage,
Customer:

Has this been bad advise on the night though?

Alex Watts : However if you had rejected the caution then it probably would have gone to court and if convicted this is more serious as it would be recorded.
Alex Watts : I don't know what you were told on the night, I am sure the advisor did not tell you to admit it if you didn't do it.
Alex Watts : That would be negligent.
Alex Watts : The problem is you have accepted the caution.
Customer:

I am confident that if I said to the PCSO that I did the damage then I did it but was it an accident, and if that is so does it make any difference?

Alex Watts : you can't really go back now and change your mind.
Alex Watts : If you told the PSCO you did it then this is an admission so you may well have done it.
Alex Watts : However the rules on CRB or DBS as it's not known has changed.
Alex Watts : Most offences are filtered out.
Customer:

I have a high level government clearance and also a Scout leader both require Enhanced CRB's

Alex Watts : It looks as if your criminal damage one is filtered so won't show on any DBS check.
Alex Watts : that makes no difference, it won't show.
Alex Watts : So I really would not worry about it.
Alex Watts : It's a caution and will be filtered so won't show,
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Ok thank you. I still cant belive that I would cause such damage on purpose. And realy feel for the person who's car I damaged. in fact since friday I have felt sick everytime I think about it.

Alex Watts : It makes no difference whether it was on purpose. If you were reckless that is enough for the offence
Customer:

Yes is there I web link that shows how the filtering is applied

Customer:

Under stand the reckless, just sad that I did damage to someones pride and joy.

Alex Watts : https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check
Alex Watts : Can I clarify anything else for you?
Customer:

No, nothing else, thank you for your advise.

Alex Watts : Can I help with anything else today?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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