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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A few days ago my partner and i were called to my parents propery

Customer Question

a few days ago my partner and i were called to my parents propery that a neighbour had been seen damaging with a hammer and chisel. we attended as soon as possible. the neibour had left the property but then returned wielding an axe stuck into a large log. we challenged him. he ran toward my partner shutting a car door on his hand . i laft the car and a scuffle and angry exchange of words occurred . physical contact was minimal. we left and reported to police unfortunately advising them we are going away. now on his account alone the police are wishing to give me a caution or arrest me and charge me without taking a statement. should i accept caution given it will give me a record that will affect checks for voluntary work with riding for disabled?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What would the caution be for please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I am in Scotland what I was offered is an informal warning. If accepted this seems an acceptance of guilt..it's for a minor assault where I was also assaulted witnessed by my partner. I apparently went to kick a man who assaulted my partner and then slapped me and twisted my wrist only witness was my partner
Customer: replied 1 year ago.
I need this information now. Infact it maybe too late
Expert:  Ash replied 1 year ago.
So it was self defence?
Customer: replied 1 year ago.
The man had an axe with a log on it . Had just assaulted my partner and appeared menacing
Expert:  Ash replied 1 year ago.
This could be reasonable self defence then. If that is the case you haven't committed an offence, if you accept a caution you must accept the offences. If you do not then you can't be offered a caution. The matter may then proceed to court and a judge may decide whether you are guilty of not guilty.
But you should only accept it if you committed the offence.
Can I clarify anything for you? Would you prefer a phone call?
Alex
Customer: replied 1 year ago.
Ok can I cancel the phone advice my partner is annoyed with me spending more money xx
Customer: replied 1 year ago.
I have been extremely worried not sleeping and touched buttons without thinking
Expert:  Ash replied 1 year ago.
I think you have already paid for telephone if you want it.
But do you need me to clarify anything else?
Alex
Customer: replied 1 year ago.
Yes I haven't received advice on origional question. Does accepting a verbal informal warning mean that an assault come up on a disclosure?
Expert:  Ash replied 1 year ago.
Yes.
Alex
Customer: replied 1 year ago.
So then the police were lying when they said that there would be no record.?
Expert:  Ash replied 1 year ago.
Yes. It will be records but for how long depends on the type of check. For example for enhanced there is a box for any police information and they can put it in here. There is no guarantee they won't.
Alex
Customer: replied 1 year ago.
Thank you that reassured me that refusing to accept a caution was the correct thing . I think having encountered the agressive police last night I would rather trust a court.
How long do they have before they either charge you or drop the case? I am existing in fear that they will arrive at anytime
Expert:  Ash replied 1 year ago.
Generally 6 months,
Alex
Customer: replied 1 year ago.
Oh dear ūüėě. Can I do anything else other than wait?
Customer: replied 1 year ago.
Is this the same for the whole uk
Expert:  Ash replied 1 year ago.
Sadly wait yes.
Alex