Can a Police Formal Adult Caution be overturned due to suspicion of abuse of power

0392 · 25-01-2009, 11:42

Shortened version, I stupidly accepted a formal adult caution for sending 5 text messages to an ex over a 5 week period (these were of a non threatening or malicious nature i.e. ditto forever!!). Upon reflection and information requested under the data protection act, it appears that no evidence was supplied to Police.

Some background info:

ex took approximately 77 days from the last text to complain (in that time she became aware that I was sueing her over a property matter).

ex had an ongoing close association with a Police Officer before and during the course of our relationship.

It appears that assistance was given to ex. Despite a number of attempts Police will not produce certain evidence as they state disclosure doesn't apply

**Russ** · 25-01-2009, 11:50

Quote:

Originally Posted by 0392

Shortened version, I stupidly accepted a formal adult caution for sending 5 text messages to an ex over a 5 week period (these were of a non threatening or malicious nature i.e. ditto forever!!).

Not wishing to call your bluff or anything but people don't normally report texts to the police if they are, as you say, "of a non threatening or malicious nature".

xpod · 25-01-2009, 11:54

Cautions are often offered when evidence is lacking.
You should never accept one without first seeking legal advice as your basically admitting your guilty.......of something.

0392 · 25-01-2009, 12:11

Russ B... I'm more than happy to quote the 5 texts....

The way a caution is package up by the Police in this matter was.... like a slap on the wrist just saying don't do it again... however, my solicitor (in relation to civil case has advised that the Police would not have gained a conviction based on the 5 texts)...

Info. to anyone arrested - no matter how minor - always accept the offer of a solicitor (which I didn't do)

moaningmags · 25-01-2009, 12:25

Quote:

Originally Posted by Russ B

Not wishing to call your bluff or anything but people don't normally report texts to the police if they are, as you say, "of a non threatening or malicious nature".

They do if you've p*ssed them off and they want to get back at you.

WHISTLED · 25-01-2009, 12:35

I smell a... restraining order!

xpod · 25-01-2009, 12:38

Quote:

They do if you've p*ssed them off and they want to get back at you.

Hell hath no fury as a women scorned

0392 · 25-01-2009, 12:42

Smelling an order.... nothing of the sort....

2 letters of complaint..... Subject Access Request under the data protection act.... info points to no other evidence being submitted to the Police other than 5 texts...

---------- Post added at 12:42 ---------- Previous post was at 12:41 ----------

Well said xpod (hell hath no....etc) I left her, finally! after her numerous infidelities

WHISTLED · 25-01-2009, 12:43

well you agreed to a caution, had option to go to court.

0392 · 25-01-2009, 12:50

Yep, should've have gone to court..... hindsight is wonderful...

However, lets get back on track... the minimum what appears to have happened is the Police have not followed proper practice to the ex having a favour arranged by Officer she had close association with. My 1st letter of complaint resulted in a phone call with the question 'how far are you willing to take your complaint?' could be deemed as an unusual question to ask...

So, if something underhand as gone on.... is it worth a complaint to the IPCC.... & can a caution be overturned? (From what I've learned the caution is not subject to the rehabiliation of offenders act and therefore is on record for life)

**Hugh** · 25-01-2009, 12:51

You may find this link useful.

"24. Has the offender been made aware of the significance of a simple caution?

If a simple caution is being considered, then the full implications must be explained (and provided in writing) to the offender. Under no circumstances should suspects be pressed, or induced in any way to admit offences in order to receive a simple caution as an alternative to being charged. See paragraphs 33 to 41 for further information on the implications of accepting a caution and the Appendix for a sample pro forma to be given to and signed by the offender.

25. Has the suspect given informed consent to being cautioned?

"Informed Consent" can be given when the suspect has received in writing an explanation of the implications of accepting a simple caution before he/she agrees to accept a simple caution. After receiving this, if the suspect does not give his/her consent, the police may choose to continue with a prosecution in accordance with the Director's Guidance on Charging. Officers must avoid any suggestion that accepting a simple caution is an "easy option".

26. Have the legal rights of the offender been met?

The offender's right to legal advice is set out in PACE and must be adhered to.
Offenders and their legal representatives are entitled to seek and have disclosure of the evidence before the offender agrees to accept a caution. "

"44. After the simple caution has been approved, it should be administered by a Custody Officer or other suitably trained person to whom this responsibility has been delegated.

Wherever possible, simple cautions should be administered at the police station. In exceptional circumstances, they may be administered at another suitable place (for example, at the home of an elderly or vulnerable offender).
The suspect should not be pressed to make an instant decision on whether to accept the simple caution. They should be allowed to consider the matter, and if need be, take independent legal advice.
The simple caution should be deemed to have been administered only when the offender has signed a form which makes clear the implications for accepting the caution. The offender should be given a copy of the form to take away. The pro forma should include the offender's personal details (including occupation) and should provide full and clear details of the offence (ie sufficient description of the offence to allow for accurate recording on databases). This document must also be signed by the officer administering the simple caution."

25-01-2009, 12:51

Well if you really feel hard done by put your complaint it and make sure it goes all the way. I would make sure you car is in perfect working order and you do you best to be totally law abiding otherwise the complaint could well turn round and bite you on your ass

**Derek** · 25-01-2009, 12:57

Quote:

Originally Posted by 0392

However, lets get back on track... the minimum what appears to have happened is the Police have not followed proper practice to the ex having a favour arranged by Officer she had close association with.

Have you any proof the officer has done anything underhand or illegal?

Reading through the thread I can't see you mention what he has done other than have an association with her.

0392 · 25-01-2009, 12:58

Thanks for that info 'foreverwar'....

zinglebarb.... perhaps I should use a pushbike or use shanks's pony!! (must replace non-working brake light)

25-01-2009, 13:00

yeah sort the light before you put the compaint in lol

---------- Post added at 13:00 ---------- Previous post was at 12:59 ----------

Quote:

Originally Posted by Derek S

Have you any proof the officer has done anything underhand or illegal?

Reading through the thread I can't see you mention what he has done other than have an association with her.

Its a domestic Derek both stories are bound to differ tremendously