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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71130
Experience:  Over 5 years in practice
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Has there ever been a Caution overturn?

Customer Question

Has there ever been a Caution overturn?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
On Friday 2 January 2015. I was in Ikea making my way to meet my son at the checkout area, a lady threw something in my face I retaliated by hitting her , she then hit me. I was taken to the Police station and a caution was given.
Expert:  Jo C. replied 2 years ago.
On what basis were you hoping to overturn this?
You seem to accept hitting her?
Customer: replied 2 years ago.
The police officer said based on the bird eye view, I was the aggressor. The CCTV scan showed her saying something to me, this was not questioned. Bird's eye view is from above, also she apparently was red and bleeding. I sustained some lacerations to my face, but I am black and therefore my injuries were not apparent to the officer. He did not question me just to say 'what's your name?'. When I responded 'sorry' he said you are being difficult and we will take this down to the station. I was duly placed in a police van and taken down to the station.
Spoke briefly with a solicitor over the phone who said she was representing me, this was around 7pm. I did not see her again until near mid night.
Customer: replied 2 years ago.
I was told that if I changed what was said later one, it would not be accepted, also with the bird eye view, it does not show her throwing some thing in my face, althought the Ikea staff had to sweep whatever it was, off the floor. With the mind games I was subjected to whilst I was at the police station,
If we had both been white would we have been given a warning, why was I the only one taken down to the police station? Is it because I am Black?
Expert:  Jo C. replied 2 years ago.
He is not allowed to question you on the street. That is a street interview which is prohibited under PACE. He would have questioned you in interview.
I'm really sorry but you have to be realistic. I know that bruising and reddening on non white skin is not as visible upon white skin but skin colour doesn't hide lacerations.
In any event, if it is just that she threw something in your face I'm afraid striking her was not self defence but an act of punishment. I realise that she did provoke the situation but unfortunately there are people like that in the world. Self defence is a very narrow defence allowing you to do exactly and only what you need to do is stop further offences and you were always free to move away from her.
In terms of your solicitor, the reason you didn't see her again until midnight is that the police were not ready to interview you until much later. The early turn would have arrested you and the new turn taken over which is the cause of the delay. Actually a five hour turn around is fairly good by police station standards.
Cautions are like guilty pleas. You were cautioned because you admitted the offence interview.
The only challenge to them is judicial review. That will cost in excess of £2k and there is no legal aid. There are also no real grounds here as you admitted the offence unless you said something entirely different to what you have said above.
I'm very sorry but that is the reality.
Can I clarify anything for you?
Expert:  Jo C. replied 2 years ago.
It is nothing to do with racism I'm afraid although if you are male then it probably is to do with sexism.
Customer: replied 2 years ago.
So what you are saying it is okay for him to only take me down to the station
Expert:  Jo C. replied 2 years ago.
Well, the arrest upon you was lawful as you did commit an offence.
Whether or not she should have been arrested as well depends. I presume you didn't call the police and you don't seem to be describing making an allegation against her and anyway CCTV doesn't support it.
There is an argument that where counter allegations are made they should arrest both parties but I'm not sure this is the best example. Ultimately she had injuries, she made an allegation and that leads to an arrest.
Customer: replied 2 years ago.
Ignorance of the law is no excuse, but I wasnt aware I could have done so and therefore its too late to try now.
Expert:  Jo C. replied 2 years ago.
I'm not sure what you mean?
Customer: replied 2 years ago.
You are well versed and know your job well, fortunately or unfortunately sometimes one fail to see or understand that others might not be as clued up as you are and allowance not made, what I mean by this is that only by looking back over your answers was I aware that I could have made a counter allegation against the other person at the time, as one had pointed this out to me at any time,
I did not learn until much later that I could have refused to accept the caution.
Expert:  Jo C. replied 2 years ago.
Thank you. You have left a negative rating. Im happy to carry on with this but was the negative a mistake?
Customer: replied 2 years ago.
should read as no one had pointed this
Expert:  Jo C. replied 2 years ago.
Sorry but I will not be able to continue.
Opting out.
Customer: replied 2 years ago.
I was not being negative, I did state you are very good at your job, however sometimes they fail to see
Customer: replied 2 years ago.
if you feel you are unable to continue with this then you no doubt can understand the way I feel and still feel because I feel I was not given the right representation in order to have made an informed choice whereas yours is simply ego!!
Expert:  Jo C. replied 2 years ago.
That is a matter for your choice.
I cannot answer further because you have left a negative rating.