From: jethro_uk@hotmailbin.com
On Sun, 17 Aug 2025 10:27:21 +0100, GB wrote:
> On 16/08/2025 23:40, Jon Ribbens wrote:
>> On 2025-08-16, Jethro_uk wrote:
>>> On Sat, 16 Aug 2025 11:47:01 +0000, Jon Ribbens wrote:
>>>> On 2025-08-16, Jethro_uk wrote:
>>>>> On Fri, 15 Aug 2025 20:06:46 +0100, GB wrote:
>>>>>> In particular, she claimed she didn't understand the consequences
>>>>>> of pleading guilty, which the COA found 'incredible' - which is
>>>>>> fairly close to calling her a blatant liar.
>>>>>
>>>>> So she really is a bit dim ?
>>>>>
>>>>> I am reminded of people who subsequently discover that accepting a
>>>>> caution is pleading guilty.
>>>>
>>>> I've got a lot more sympathy for that - it doesn't involve standing
>>>> up in court and saying "guilty", and the police often do not inform
>>>> you in any clear way at all that you're pleading guilty to a crime by
>>>> signing the papers and that you will therefore have a criminal
>>>> record. They'll be stressing that if you sign you can go home
>>>> straight away and not have to stay overnight in jail and not have to
>>>> go to court.
>>>
>>> Is that justice ?
>>
>> Well no I don't think so, hence my comment.
>>
>>
> For the sort of offences cautions might be used for, the trial would be
> in the Magistrates Court, and assuming there's reasonable evidence a
> conviction is highly likely. So, there'll still be a criminal record.
>
> So, I suppose the point you are making is that in practice the Crown
> might not bother to prosecute, or would lose the papers, etc. The police
> would still record the incident on their computer, and it could show up
> on a DBS check, but there'd be no conviction to disclose.
I have read on various fora that it's probably a good strategy to refuse
a caution, as that means the CPS have to decide and it's not unknown for
them to decline to prosecute. Admittedly if they do there is a chance of
a stiffer sentence, but depending on circumstances it's worth a punt.
--- SoupGate-Win32 v1.05
* Origin: you cannot sedate... all the things you hate (1:229/2)
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