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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I am a father of a 9 year old. He behaved very badly

Resolved Question:

Hello,
I am a father of a 9 year old. He behaved very badly towards his class teacher. I chastised him, not forcefully, but I hit him on the backside over two layers of clothing, with a small wooden, cooking spatula.
I also then threatened to take his video games away indefinitely. The following morning, he told a member of staff at the school, and it soon progressed to me, attending a police station voluntarily. I confirmed what had happened voluntarily to the police, as anything else, would be me, branding my child a liar.
I have now been informed by the police that I will receive a caution.
I work for the Civil Service, and every few years, I am required to complete my security clearance, to be able to function at my job, and all criminal convictions are to be declared.
Is a caution the same as a criminal conviction, and is it recorded on the Police National Computer (PNC)? If I do not accept the caution, Can the CPS run such a case? Thanks.
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
Have you admitted the offence to the police?
Customer: replied 9 months ago.
Yes.
Expert:  Jo C. replied 9 months ago.
There isn't really a way around that then.A caution is not a criminal record but it is a caution. It amounts to an admission to an offence. You will never again be able to say you are of good character.I would never have advised you to either admit the offence or accept it to the police on this basis but it is too late now.You probably will be charged if you don't take the caution.He is not likely to give evidence but the problem is that you have admitted the offence.The question will then be whether or not the use of the spoon is reasonable. It depends really whether it left a mark and what you did with the spoon specifically.Can I clarify anything for you?Jo
Customer: replied 9 months ago.
He was examined by a doctor, who confirmed there were no marks. But I understand what you have said. If I had denied smacking him, I would be calling my child a liar. But, thanks for your advice.
Expert:  Jo C. replied 9 months ago.
Yes, and you couldn't have denied it on these facts. But you could have made a no comment interview.If he had no marks at all then you could always argue lawful chastisement at court. You are allowed to use force to discipline a child as long as you leave no marks.Your problem may be the use of the spoon.
Customer: replied 9 months ago.
Ok..Thanks.
Expert:  Jo C. replied 9 months ago.
No problem and all the best. Please remember to rate my answer. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Customer: replied 9 months ago.
Thanks.
Expert:  Jo C. replied 9 months ago.
Welcome.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
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