nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: Whether to accept formal caution
Thu 13-Mar-08 03:03 PM |
Situations sometimes arise when you can definitely advise certain courses of action. On the other hand situations often arise when all you can do is give as much relevant information as you can, outline the law and advise on the potential consequences of different courses of action. This may be an example of the latter.
Having said that, there are a few things that might make your position easier. First, it would be worth getting a solicitor’s advice about the likelihood of criminal prosecution and conviction. The answer to that question will put you in a much better position to suggest to your client what might be the more favourable course of action.
Second, I would strongly argue that accepting a formal caution should not prejudice a new claim or an appeal. This is because accepting a formal caution is not an admission of guilt. The predominate reason why people accept these things is precisely not because they are guilty but through sheer terror of being hauled through the courts, humiliated, publicly stigmatised and the fear of being found guilty of a crime of which they are innocent.
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