Criminal Damage Investigation - Need your help!

[glasgowcyclist]

But he still remains strongly adverse to getting a criminal record.

A caution is a criminal record.

 

[PhilDawson8270]

If the 2nd is true, why is the cop-who's-a-cyclist-too proceeding with administering a caution for the S4 and threatening to add in prosecution for criminal damage (for which there appears to be no evidence) if that caution is declined?

I'm guessing that it is a Conditional Caution rather than just a caution, with a conditioning being compensating for the damage.

 

[Pale Rider]

A caution is a criminal record.

It's not a criminal conviction, and the difference - for someone of previous good character - is worth having.

https://www.gov.uk/caution-warning-penalty

 

[PhilDawson8270]

It's not a criminal conviction, and the difference - for someone of previous good character - is worth having.

https://www.gov.uk/caution-warning-penalty

Nobody has said it is a criminal conviction, but it does form part of the criminal record.

https://www.askthe.police.uk/content/q562.htm

Particularly "Cautions will always remain on a person's record. There are only exceptional circumstances when a caution could be removed from a person's record and it is anticipated that such incidents will be rare."

If the OP applies for any job that is exempt from the rehabilitation of offenders act, then he WILL need to declare the caution for the next 6 years.

Accepting the caution WILL give him a record.

 

[*Dusty*]

In reality, it's on your file. I wouldn't worry about it though, get on with life and become one of the increasing number of people who (imo rightly) don't trust the establishment.

 

[Deleted member 26715]

In reality, it's on your file. I wouldn't worry about it though, get on with life and become one of the increasing number of people who (imo rightly) don't trust the establishment.

But if he gets kicked out of his rugby club or isn't allowed to be on the field training the kids in the club because he can't pass a CRB check, it could have a big effect on his life.

 

[PhilDawson8270]

But if he gets kicked out of his rugby club or isn't allowed to be on the field training the kids in the club because he can't pass a CRB check, it could have a big effect on his life.

CRB isn't a Pass/Fail thing though, it's simply a check. I can't imagine a public order offence being an issue for rugby with kids. Sexual offence maybe would, or a caution for drugs.

It just provides the body with information, what they choose to do is their choice.

 

[*Dusty*]

But if he gets kicked out of his rugby club or isn't allowed to be on the field training the kids in the club because he can't pass a CRB check, it could have a big effect on his life.

It's unlikely to affect his ability to work with children unless it's a conviction for something more serious. I have 5 points for driving without due care and consideration. Someone tried to cause a crash by stopping dead in front of me on an empty road, I used my phone to video him, caught him doing it again and the police did me for using the phone while driving. Go figure. Had my day in court, took my points, other tw*t got off scot free and I'm still teaching children Taekwondo. My AccessNI (northern Ireland equivalent of CRB) came back clear.

Didn't even affect my application for a firearm certificate either.

 

[*Dusty*]

CRB isn't a Pass/Fail thing though, it's simply a check. I can't imagine a public order offence being an issue for rugby with kids. Sexual offence maybe would, or a caution for drugs.

It just provides the body with information, what they choose to do is their choice.

Exactly this, if it were drug or alcohol related or something like a serious assault/abh/gbh type thing then yes, it would probably be taken into consideration.

 

[Inertia]

Only just seen this thread, it makes me angry but I can understand the OP just wanting this to go away now. The thought of that ***** bragging to his mates about how he not only forced a cyclist off the road but also got the cops to make him pay for damage he didnt cause would stick in my craw though.

 

[Deleted member 26715]

It depends on the person's occupation. A caution for a public order offence that included an aspect of violent behaviour might be frowned up in particular professions.

He said earlier he worked in the head office of a construction company, so I doubt that will be an issue, although depending on what contracts they have I suppose it could. I'm more concerned over his hobby at the rugby club, however he is a grown man, we have suggested he gets independant legal advice, if he doesn't wish to take that there is little we can do.

 

[boydj]

Personally I would accept neither the caution nor responsibility for any damage. The whole incident was the result of bad driving and the wholly understandable reaction of the cyclist to having his life endangered.

I'd be prepared to go to court.

However, such is the state of our justice system that I think it highly unlikely that this would get anywhere near a court, even if the police did charge the OP with anything. The justice system and the police rely on people making guilty pleas and will pressure people to accept cautions or plead guilty to avoid having to put resources into going to court.

 

[Lozz360]

It's unlikely to affect his ability to work with children unless it's a conviction for something more serious. I have 5 points for driving without due care and consideration. Someone tried to cause a crash by stopping dead in front of me on an empty road, I used my phone to video him, caught him doing it again and the police did me for using the phone while driving. Go figure. Had my day in court, took my points, other tw*t got off scot free and I'm still teaching children Taekwondo. My AccessNI (northern Ireland equivalent of CRB) came back clear.

Didn't even affect my application for a firearm certificate either.

Difference is that your offence was a traffic offence not a criminal one. If you had accepted a caution as the OP has, you wouldn't be teaching children Taekwondo or anything else now.

 

[Banjo]

Difference is that your offence was a traffic offence not a criminal one. If you had accepted a caution as the OP has, you wouldn't be teaching children Taekwondo or anything else now.

Are you sure about this Lozz?

 

[Lozz360]

Are you sure about this Lozz?

I know that Cautions will show up on CRB checks (or whatever they are called now) and a Caution for an offence that is violence related will likely to prevent you from working with children.