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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69360
Experience:  Over 5 years in practice
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I accepted a police caution after restaining a

Customer Question

I accepted a police caution for assault after restaining a salesman who refused to leave my property. Every request to leave was answered with "I'll be back in an Hour"! I asked him to not return 4 times before threatening to "kiss his arse" if he returned. He replied "id like to see you try. So i grabbed him. I promptly let him go after a few seconds. I didn't punch or kick him or cause him any injury. He called the police. The police arrived a few minutes later. My adrenaline was still rushing. I explained what had happened. The police thanked me for my honesty and said they should be able to deal with this locally perhaps with a restoration of justice where by the "victim may accept a verbal or written apology. We only need to caution you. You wont have a police record.
I was offered free legal advice at the time but it all sounded low key and straight forward so i declined. The police wrote a statement of my testimony and i agreed to sign it. I was then given a caution. Afterwards, the police said I would need to attend the local police station to have my finger prints and photograph taken to complete the caution. It was then that a caution sounded like more than i realised. After they left, i searched police cautions and realised as a nurse, having 2 CRB checks a year, it would be on my record for present and future employers to view. And it would technically be on there for ever, at least 11 years!
My question is, given the circumstances of the incident do i have grounds to appeal the caution due to the provocation(which he has also acknowledged), and the confusing information given to me by the attending police officer?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has anybody advised you of the binding nature of cautions?
Customer: replied 1 year ago.

No. The police called me today asking me to attend the station to complete the caution and have my finger print and photograph recorded.

I take that to mean the police caution hasn't been finalised.

I'm trying to avoid the caution if it hasn't yet been issued? I asked the police for legal advice but they said i am no longer entitled as the incident took place 2 weeks ago.

Expert:  Jo C. replied 1 year ago.
I presume you have admitted the offence?
Customer: replied 1 year ago.

yes, but also explained in my statement how i was provoked and threatened beforehand. By the way, it was "kick his arse", not Kiss! Id never admit to that!

Expert:  Jo C. replied 1 year ago.
There are two problems with this.
The first is that provocation is not a defence to any offence other than murder. Therefore, there is no defence anyway.
The second is that if you have accepted a caution then there is no appeal. The only challenge is to judicially review the decision to offer a cautoin which would costs thousands and has no real basis here. Furthermore, even if you succeeded all they would do is charge you and since you have admitted the offence that would lead to a conviction which is generally bad.
If had a solicitor they might have warned you of the risks although in the circumstances the advice would have been to accept the caution anyway.
Sorry if that is bad news.
Can I clarify anything for you?
Jo

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