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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice
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My son was arrested with ABH and Affray this morning, he

Resolved Question:

Hi my son was arrested with ABH and Affray this morning, he was taken to a custody suite and questioned, eventually he was charged with common assault. He was not represented during the interview. He pleaded not guilty, but was then told had he pleaded guilty it could have been dealt with today with a caution. He still thought he was pleading to ABH and Affray. Had he been aware that he could have been released with a caution for common assault he may have taken this option. Although he believes he is not guilty as he was the first person to be assaulted. Can he change his plea and accept a caution still?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
The short answer is no, Im afraid not.
At least he can plead guilty at court. He can ask CPS to refer the matter back to the police for consideration of a caution. I think I have only ever seen that succeed once ever and there were particularly unusual factors there.
I'm afraid that cautions are one off deals offered at the police station. If the evidence really does support an affray or an ABH then a caution would have been a good deal unless, of course, he is likely to be acquitted at court.
I'm very sorry but that is his position.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
He has only now been charged with common assault, so that cannot now change can it? The caution was not offered until after he had pleaded and not mentioned before, but after he was told had he pleaded guilty they would have dealt with it today. After the interview the police told him they thought it would come back NFA so he was a bit taken aback
Expert:  Jo C. replied 2 years ago.
Yes, they can. The Crown are always amending indictments.
They won't if they haven't charged it already though probably.
He would not normally be offered a caution in advance. Had he accepted the offer of a solicitor this would have been negotiated for him.
I am very sorry but what this comes down to is that refusing a solicitor was a mistake. I know people do that for lots of reasons but we cannot reverse time now and do things differently.