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Can an agreement to a formal caution be retracted?
The title says it all really.
I have a client who went to the USA whilst on income support, three times on holidays paid for by the family, and once because her father was seriously ill. She was not entitled to income support during the first absence as she had not been incapable of work for 364 days. Thereafter, on one holiday she was about 6 days over the 4 week limit and when her father was ill, about 7 weeks over.
Without telling us, she was called in for a second interview by Fraud and was offered a caution. She said that she told the interviewing officer she had not acted dishonestly, but still ended up signing for the caution. I do not think she actually realised what it meant until I explained it to her.
She vehemently disagrees that she is guilty of any charge, and in fairness I can’t think there is much of a case to bring against her.
She has asked me to write to retract the agreement to a caution and I have done. However, I cannot find anything that indicates that she can do so, although I can see that she can withdraw her agreement to a financial penalty.
Apologies if this is fairly easy to find, but I may be missing the wood for the trees
Brian
CPAG, page 1086, heading “whether to accept a caution”, second bullet point:
“Accepting a formal caution is an admission of guilt. Once you’ve accepted a caution you cannot change your mind”.
On the previous page it states “the cautioning system is not laid down in regulations but is based on the established guidelines for the police practice of cautioning”. Makes sense really.
Bhatt Murphy Solicitors successfully challenged a police caution issued on the grounds that the police did not have sufficiently clear evidence or admissions to administer the caution. The court issued guidelines on future conduct in such cases and the caution has been expunged form our client’s record.
Case is: R (on the application of RUPERT WYMAN) - and - THE CHIEF CONSTABLE OF HAMPSHIRE CONSTAULARY
On Bailii see… http://www.bailii.org/ew/cases/EWHC/Admin/2006/1904.html
Thats a very useful decision Mr Chaos, or may I call you Altered. Duly saved to file.
I would choose Sister Chaos rather than Mr Chaos if i were you Paul.
agree with that!
Glad to have (finally) been of some use on rightsnet.
I have got to pick a better name to use (although I quite like ‘sister chaos’)
Glad to have (finally) been of some use on rightsnet.
I have got to pick a better name to use (although I quite like ‘sister chaos’)
trouble is, you have to reregister. i need to reregister having moved firms, can’t just change the firm name on my profile! and rather think tis the same for name change….