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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How do I get a caution from the police overturned. I am not

Customer Question

How do I get a caution from the police overturned. I am not guilty of the offence I have
been accused of. That is of being abusive. I have never been abusive to anyone. My neighbours told lies about me and so did a police officer that is why I received a caution.
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. When was the caution issued?
Customer: replied 1 year ago.
05/10/2014
Customer: replied 1 year ago.
I have changed my mind I don't want a phone call
Customer: replied 1 year ago.
I would like to continue on line
Customer: replied 1 year ago.
My name is ***** ***** go to church and I don't use bad language. I was accused of using bad language to a neighbour but I did not do this. My solicitor did not believe me and he lied to the police and said I had been abusive this is why I received the caution.
I would like to know how I can get the caution overturned.
Customer: replied 1 year ago.
Why is this conversation taking so long. I am not getting any answers therefore I would like to close this conversation.
Customer: replied 1 year ago.
How do I close this conversation and get a refund it is taking too long to get an answer.
Customer: replied 1 year ago.
I have been waiting over 1 hour for an answer I would like to close the conversation and get a refund because I have not had an answer. Mo
Expert:  Jo C. replied 1 year ago.
The reason you are experiencing delay is that you keep posting before i have responded which pushes the question to the back of my list.
Customer: replied 1 year ago.
Dear Jo are you going to answer my question or not. Mo?
Expert:  Jo C. replied 1 year ago.
I thought you wanted a refund? I have already asked customer services to look at that for you.
If that is not your wish then I can let them know.
Customer: replied 1 year ago.
dear jo either give me an answer or a refund I don't want to wait any longer mo..
Expert:  Jo C. replied 1 year ago.
On what basis are you hoping to get ir removed please?
Customer: replied 1 year ago.
Dear jo the answer is taking too long so I now want a refund please mo
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I can respond quickly - do you still need help? If so, on what basis do you want it overturned?
Customer: replied 1 year ago.
I want to get the caution removed because I did not do what I received the caution for. I am innocent of any wrongdoing. I have never been abusive to anyone and I was accused of being abusive to my neighbour by using bad language. I don't use bad language and I never have used bad language. I am a Christian and I go to church regularly and it would be wrong of me to use bad language and I would not do it.
Expert:  Ash replied 1 year ago.
Why did you accept the caution then? You can only have a caution if you accept the offence.
Customer: replied 1 year ago.
Dear Alex I dont want your help I want a refund.
Expert:  Ash replied 1 year ago.
Ok. Might I ask you to email customer services?
Customer: replied 1 year ago.
I didn't accept the caution my solicitor did I trusted him and he let me down. I am an old age pensioner.
Expert:  Ash replied 1 year ago.
But in order to accept a caution, you have to admit the offence. If you do not accept the caution (which you have to sign a document), or do not accept the offence then the matter goes to Court.
So you must have accepted the offence and caution, otherwise you would not have been offered one?
Customer: replied 1 year ago.
How do I get a caution overturned is the question.
Expert:  Ash replied 1 year ago.
You need to write to the Police and ask. if they refuse then you can Judicially Review that decision. That is where it goes to the High Court and a Judge considers whether the Police refusal is reasonable and legal.
The Judge can agree with the decision or remit it back to the Police. So Police is the first step and then Judicial Review. But you only have 3 months from the time the decision was made to review it. If not you need to seek permission out of time for Review.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Dear alex How do I seek permission out of time for Review
Expert:  Ash replied 1 year ago.
You need to apply to the Court for that. Use form N461:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n461-eng.pdf
Guidance is here:
https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf
Alex
Customer: replied 1 year ago.
dear alex do I get the form from a court mo
Expert:  Ash replied 1 year ago.
Yes you can pick the firms up from court
Alex
Customer: replied 1 year ago.
I had the caution on the 5/10/2014. I have already been turned down by the police for a review so my only option is a judicial review. Can I go ahead without a solicitor.
Expert:  Ash replied 1 year ago.
Yes you can. But I should also warn you if you apply to the court and lose, you may be liable for the Legal costs of the police.
Alex
Customer: replied 1 year ago.
I don't understand will you be on line to help me.
Customer: replied 1 year ago.
I accepted the caution because my solicitor persuaded me to not because I was guilty. I told my solicitor I had not done anything wrong but He did not believe me.
Customer: replied 1 year ago.
At the time when I accepted the caution I did not even know what a caution was.
Customer: replied 1 year ago.
I was asked to sign a form at the police station. I did not know what the form was for and it was not read aloud or explained to me in any way. It was a caution form but I did not know that when I signed it. I did not know what I had signed or why. I just trusted my solicitor to do what was best for me. Afterwards when I found out what a caution was I was very upset. I would not be abusive to anyone.
Expert:  Ash replied 1 year ago.
Ok. Then you can only do this via judicial review. I can't attend court for you as this is a question and answer site.
Ale
Customer: replied 1 year ago.
Dear Alex I will get the form from the court tomorrow I have not been able to print a copy from my computer I don't know why. Mo
Expert:  Ash replied 1 year ago.
Sadly I am not a computer person either. But get the court form and submit it.
Does that help?
Alex
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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Jo C. replied 1 year ago.
Im afraid the answer you have received is not complete.It is, indeed, right to say that you can judicially review a decision to refuse. It will almost certainly fail and you will be liable for costs.To be given a caution you have to admit an offence either in interview or to sign an officer's notes. Even if you did not accept the caution, you must have made admissions in interview. Therefore, even if the JR succeeded you would just be prosecuted on that basis.Further, you have to show grounds for a JR; they being either bias, procedural irregularity or Wednesbury unreasonableness. I suppose if there is dispute over whether you accepted you could rely on procedural irregularity but it is a high test. Cautions are like guilty pleas at court. They are incredibly hard to remove. I have never seen it achieved.You are free to try but you should be aware that it is unlikely to succeed and unlikely to be cheap.I am very sorry.
Customer: replied 1 year ago.
dear alex what is an Aarhus convention claim and I may need form N463 I will get one today. mo
Expert:  Ash replied 1 year ago.
Ok - good luck
Alex
Customer: replied 1 year ago.
Dear jo thank you for your answer I am sure you are right. I live on benefits because I am an old age pensioner and I cant get legal aid for this matter. I cant even find a solicitor who is willing to act on my behalf in this matter. I wont be able to pay huge court costs if I don't succeed. I did not accept the caution it was the on duty solicitor at the police station who accepted it on my behalf I did not agree with him I told him I had not been abusive. I suppose he did not believe me. As for the caution form I had no idea what I was signing, it was not explained to me or read aloud to me. mo
Expert:  Ash replied 1 year ago.
Good luck
Customer: replied 1 year ago.
dear alex Thank you for your help but I cant go ahead with something that I cant afford to lose. I would have no way of paying huge court costs if I was not successful. I live on my state pension, I was 63 years old when I had the caution that is why I was not in control of the situation. The on duty solicitor at the police station accepted the caution for me but I did not agree with him. I told him I was not abusive but I don't know why he did not believe me.
Expert:  Ash replied 1 year ago.
I understand
Customer: replied 1 year ago.
I have recently found out that the police inspector who reviewed whether or not I should have had a caution is related to the tenant who was harassing me. I complained about receiving a caution because I was the victim of the harassment not the perpetrator I did not retaliate in any way.
Expert:  Ash replied 1 year ago.
Ok, keep me up to date.
Alex

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