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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 22931
Experience:  Senior Partner at Berkson Wallace
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I was issued with a police caution back in 2015 apparently

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Hi, I was issued with a police caution back in 2015 apparently for harrasing my neighbours. I want that removed now
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, I didn't but I want to now since I feel I wasn't treated fairly at the time and the police felt that was the quickest way to get rid of me
Assistant: Where is the property located?
Customer: I moved from the property now but it was in London W2
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, I wasn't feeling well at the time, the police said that neighbors took a video of me outside of the property making v gestures and talking though they could not hear what I was saying. They said that the video was evidence that I was at the wrong Even though the property of the neighbors was in the second floor and the video was taken from there Even though I called the police on my neighbors, the neighbours made counter accusations. Obviously nothing of substance but I feel I was treated unfairly and the police took me to the station and after along night they convinced that this was the more sensible option since otherwise I would have ended up in court. My lawyer wasn't present and I was tired and wanted just to go home for my child.

The police throw cautions around when they think that they haven’t got a reasonable chance of bringing a successful prosecution.

People, having been arrested and scared witless in the police station agree to accept the caution (because the police play the effect of it down saying that it spent immediately and it’s not a conviction), rather than face the prospect of going to court because the police convince them that they would be prosecuted and be sent to Botany Bay or some other penal colony colony on the moon!

For anyone in the cells, it seems a soft option that stage. The reality is however that it will appear on a criminal record check. That is why people are advised to accept caution and usually they do.

There is no right of appeal against a simple caution as you will read here on page 5 paragraph 12

 

http://www.justice.gov.uk/downloads/oocd/adult-simple-caution-guidance-oocd.pdf

 

You can complain to the Chief Constable and if that fails, you can complain to the IPCC.

If that fails then you are faced with application for Judicial Review of the decision to impose the Caution on grounds of irrationality, illegality or procedural impropriety.

 

Those are the only grounds.

 

A successful application for judicial review does not automatically change the decision it merely makes them revisit the way in which the decision was come to and redecide the matter. The end decision may be the same although it rarely is.

 

Here is a brief article

 

http://www.judiciary.gov.uk/you-and-the-judiciary/judicial-review

 

and more in depth from Wiki which might not be 100% correct but is none the less, very informative.

 

http://en.wikipedia.org/wiki/Judicial_review_in_English_law

 

 

Judicial Review is expensive so put aside £10 k at least. You will normally get those costs awarded in your favour against the police if you win but against you if you lose.

 

If all the complaint process doesn’t work, I probably wouldn’t be spending the money on judicial review.

 

I’m sorry, I know this is not the answer you wanted.

 

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Stuart J and other Property Law Specialists are ready to help you
Customer: replied 7 days ago.
Is there a chance for the caution to be revoked based on a complain to cheif constable or to the ipcc

We have now spoken about this. Regards