Oh dear...

CopperBrompton

Bicycle: a means of transport between cake-stops
Location
London
perplexed said:
How long does a formal caution stay on a person's record out of interest? Or is it declarable for life?
The law changed recently. For some purposes, it is still considered 'spent' after five years, but it now remains on the PNC for life (so any cop stopping him for anything at all will know that he was done for assault, even if it's 20 years down the line).

There are also some jobs where you are required to declare the conviction even after it is spent.
 

JoysOfSight

Active Member
I hope you're suitably ashamed of yourself BM - yet another poor, hard working persecuted driver whose life has been ruined by a tax-dodging cyclist!

Seriously, good work. (Will you be able to put up the video, do you think, for those who missed it?)
 
OP
B

BentMikey

Rider of Seolferwulf
Location
South London
The driving video is back up now. I haven't decided whether to put up the video of the debate and assault. Mags, Vike and Gaz have seen it, feel free to comment.
 

gaz

Cycle Camera TV
Location
South Croydon
I'm not sure what i would do... i've in the past, not put videos online for various reasons. and this would be one i would have to think long and hard about. The debate isn't an issue for me, but what happens after is.

As far as the result, i'm not sure what to make of it. Can anyone 100% clarify what it means?
 

Vikeonabike

CC Neighbourhood Police Constable
BM, No reason why you shouldn't. Depends on how comfortable you feel with it out there! May be worth it, to show idiots that they can't get away with that sort of behaviour.
 

JoysOfSight

Active Member
gaz said:
As far as the result, i'm not sure what to make of it. Can anyone 100% clarify what it means?
It effectively means he was charged with assault, taken to court, and convicted, in terms of his criminal record. However instead of that actually happening (and BM getting £50 compensation or whatever), by accepting a caution they skip the actual court case and he skips the fine (assuming there would be one).

In reality there will probably be quite a bit of financial pain, as he has to disclose it to his insurance company who can then jack up his premium (and it he doesn't disclose, the policy will be void if he stacks it).

Strange as it may seem, I read of a guy who had an undisclosed assault on his record who had his car stolen, and the insurance company declined to pay out.
 

CopperBrompton

Bicycle: a means of transport between cake-stops
Location
London
JoysOfSight said:
Strange as it may seem, I read of a guy who had an undisclosed assault on his record who had his car stolen, and the insurance company declined to pay out.
Very common. Insurance companies take the view that criminals are less likely to be honest about their claims, and they therefore need to factor that into the premium. Fail to declare that you're a criminal, and your cover isn't valid.
 

JoysOfSight

Active Member
The relatively quick and painless resolution of this incident makes me wonder why the police don't just caution people for bouts of dangerous driving, instead of doing nothing because they don't think a full-blown court case would stand up.

There have to be a lot of drivers who, especially if faced with a video of their own misdeeds, would go for the easy option of a caution, you'd think.
 
BentMikey said:
The driving video is back up now. I haven't decided whether to put up the video of the debate and assault. Mags, Vike and Gaz have seen it, feel free to comment.
I think we should be able to see the assault, and I think your posting of the video should clearly state the outcome. It's a matter of public record anyway. I think it might be interesting to speculate, too, on the possible consequences for a cab driver of having a criminal conviction.
 
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BentMikey

Rider of Seolferwulf
Location
South London
OK, will think about it! I've no idea if he's a cab driver, but I think not. I'm not sure where that bit came from as others have posted earlier in this topic, maybe Clarion's incident?
 
Hi Guys, not on here much as I'm at the in-laws at the moment (and my oldest way 5 today!:angry::biggrin:).

BM, first off, well done with the caution. I say that with a slight tinge of regret. Having seen the footage, I would have been happier with a stiffer treatment. However, this way the result is quick and it certainly will cause him problems with jobs etc in the future (of course that is not the aim).

As for the video, if it was me, I would post it. However, I am an unusual case. I try and post everything, good and bad. That's what I do. I suppose I am trying to tell a story, warts and all. You need to decide if you are happy with any consequences in posting it. You'll certainly get abuse (for no good reason of course), but then you know how to deal with that.

One positive that might come with posting, is that any idiot thinking of confronting a cyclist, who sees the footage, might just think twice. 'Will that cyclist be wearing a helmet camera?'

Your decision of course BM. Whatever decision you make, will be the right one for you. :smile:
 

perplexed

Guru
Location
Sheffield
Ben Lovejoy said:
The law changed recently. For some purposes, it is still considered 'spent' after five years, but it now remains on the PNC for life (so any cop stopping him for anything at all will know that he was done for assault, even if it's 20 years down the line).

There are also some jobs where you are required to declare the conviction even after it is spent.
Thanks for the clarification!
 
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