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Deleted member 26715
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You say you are a rugby coach, does that include minor's if so would this caution show up on a CRB check?
Criminal Damage Investigation - Need your help!
- Thread starter russ.will
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PhilDawson8270
Veteran
Congratulations. You just accepted guilt for the accusations. That will be recorded and maybe disclosable.
As I said a few posts back. They have no intention of helping you out with these "voluntary" interviews.
I suppose the next bit will be to expect an invoice or claim for the damages. Especially since accepting the caution isn't dissimilar from accepting guilt.
As I said a few posts back. They have no intention of helping you out with these "voluntary" interviews.
I suppose the next bit will be to expect an invoice or claim for the damages. Especially since accepting the caution isn't dissimilar from accepting guilt.
Pale Rider
Legendary Member
The OP has accepted a caution for threatening behaviour, which he says is clearly caught on the footage.
The alternative would be a prosecution and a trial at magistrates' court.
Sensible legal advice would be a conviction is overwhelmingly likely, so the OP had a choice: caution or conviction.
The alternative would be a prosecution and a trial at magistrates' court.
Sensible legal advice would be a conviction is overwhelmingly likely, so the OP had a choice: caution or conviction.
Drago
Legendary Member
- Location
- Suburban Poshshire
Indeed. If there's evidence to offer a caution, then there's evidence to charge. Remember, you can only receive a caution if you've made an admission anyway. A caution is a pain, but is not a conviction and is has a shelf life of 3 year for disposal decisions, and 5 for a DBS check.
A conviction is for life.
You could take the chance of going to Court and being found not guilty, but if you're in video doing the deed then you're sunk. It's imperfect, but in terms of damage limitation the OP probably d the right thing, and appears not to work jn an industry where he works with vulnerable people, so the DBS checks won't matter. In essence it's done and dusted, and no one is never likely to know.
A conviction is for life.
You could take the chance of going to Court and being found not guilty, but if you're in video doing the deed then you're sunk. It's imperfect, but in terms of damage limitation the OP probably d the right thing, and appears not to work jn an industry where he works with vulnerable people, so the DBS checks won't matter. In essence it's done and dusted, and no one is never likely to know.
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PhilDawson8270
Veteran
I'd fancy my charges telling the story to a magistrate, than to the police.
The other outcome of this is now a guy that drives a van, that believes he an pass as close as he wants, and if somebody touches him, it's their fault.
glasgowcyclist
Charming but somewhat feckless
- Location
- Scotland
What I don't understand is, if the caution is for the alleged public order offence, why on earth would you pay up for damage you know you didn't do and he can't prove (and nobody is charging you/cautioning you for)??
GC
Pale Rider
Legendary Member
A trial is always an option, but the OP describes his conduct on the tape as "embarrassing, frankly."
Bear in mind the damage or not is irrelevant for this purpose, the magistrates would only be deciding if the OP was guilty of threatening behaviour.
glasgowcyclist
Charming but somewhat feckless
- Location
- Scotland
I fear it does end there... unless the police have already served a Notice of Intended Prosecution on him.
GC
PhilDawson8270
Veteran
I'd be surprised if they went ahead with something like this. If he hadn't gone to a "voluntary" interview, and gave them everything they needed.
Drago
Legendary Member
- Location
- Suburban Poshshire
That would be mitigation, not defence. He's already made the admission in order to be offered the caution.
Nibor
Bewildered
- Location
- Accrington
I would be tempted to compare the banging of a transit panel in the middle to the banging of a transit panel at the bottom on a dash cam recording I suspect the sounds would be considerably different.
bobinski
Legendary Member
- Location
- Tulse Hill
My tuppence as a defence lawyer...
I would have advised you to decline a caution. Any offence committed in the circumstances you describe and given the manner of his driving-perhaps available from the dashcam?-has to be evidenced by an intention to cause harrassment, harm or alarm. So, a q mark there. And were you not caused these things by the manner of his driving? He brushes and then pulls in on you? Were you not reacting to this? Context is all. The van driver has to agree to you being cautioned so let the officer challenge him about his driving and actions towards you.
I would be relatively confident and say the cps in london would not see a public interest in prosecuting. As your lawyer i would have invited the officer to speak with the van driver requesting a copy of the dashcam evidence for the defence and also putting him on notice that he would be x examined on the threat his driving posed to you and his use of his van to intimidate you etc.
Admitting you were a bit of a colourful nob does not mean admitting an offence in the cirumstances you describe and even if it did you don't have to accept the caution and, provided what you have relayed here is accurate, i think the prospects of being prosecuted are small.
I would have advised you to decline a caution. Any offence committed in the circumstances you describe and given the manner of his driving-perhaps available from the dashcam?-has to be evidenced by an intention to cause harrassment, harm or alarm. So, a q mark there. And were you not caused these things by the manner of his driving? He brushes and then pulls in on you? Were you not reacting to this? Context is all. The van driver has to agree to you being cautioned so let the officer challenge him about his driving and actions towards you.
I would be relatively confident and say the cps in london would not see a public interest in prosecuting. As your lawyer i would have invited the officer to speak with the van driver requesting a copy of the dashcam evidence for the defence and also putting him on notice that he would be x examined on the threat his driving posed to you and his use of his van to intimidate you etc.
Admitting you were a bit of a colourful nob does not mean admitting an offence in the cirumstances you describe and even if it did you don't have to accept the caution and, provided what you have relayed here is accurate, i think the prospects of being prosecuted are small.
steveindenmark
Legendary Member
My advice was Stand your ground and don't be intimidated.
I would not have taken a caution and I would pay him nothing. This guy tried to run you off the road. You make your own decisions but I would take my chances with CPS. After all you had a witness on your side.
I would not have taken a caution and I would pay him nothing. This guy tried to run you off the road. You make your own decisions but I would take my chances with CPS. After all you had a witness on your side.
jefmcg
Guru
Really? He watched a video of someone repeatedly driving a van into you and his reaction was to call you in to caution you for getting all shouty and touching said precious van? And not even consider charging the driver unless you request it, despite seeing the video evidence? You should have been called in as a witness to his careless or dangerous driving charge.
We have a very different idea of what makes someone a top copper.
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