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Caution for fraud
Is there any way of overturning a caution for fraud?
I have a tenant who it appears accepted a caution for fraud approximately one year ago. She says that she did not realise exactly what she was signing - that she repeatedly stated during the interview that she did not think that she had committed fraud, and was assured no details would not show up on a CRB check.
From the information that I have got from the local council, the tenant’s hours of work increased. She continued to provide wage slips showing the increase in wages and hours, but she did not make a specific statement to the council about the change.
On these facts it would appear that the basic condition for issuing a caution - that there is sufficient evidence for a prosecution - has not been satisfied.
Or if it can’t be overturned, is there any other remedy that could be used?
Thanks
Does the following assist?
Wyman [R oao] v Chief Constable Hampshire [2006] EWHC 1904
http://www.bailii.org/ew/cases/EWHC/Admin/2006/1904.html
In one line summary terms, a caution is not allowable without “clear and reliable admission” - intent will be taken into account if it is relevant to the offence.
Thanks - this looks like it is just what I need.