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Reply to: Racism arrest - yikes
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Previously on "Racism arrest - yikes"
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Originally posted by EternalOptimist View PostA bit of a scary story from Manchester.
Last night the police turn up, 'present yourselves at the station on Friday to answer accusations of making racist remarks. you will almost certainly be arrested'
the workmate is convinced the two tow-truck guys were English
hell in a handart. hell in a hancart
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Originally posted by Moscow Mule View PostDon't even SPEAK to the police at the station without a solicitor present. ...
Even non-dodgy plod will go for the line of least resistance, and anything you do say is highly likely to be used against you. It's not a search for the truth, it's a search for the blame-to party.
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Originally posted by k2p2 View PostSo did he make a racist comment?
but, to be honest, who knows ?
not I
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lol at the tags - 'scouse tosser'
yeah - bring it on you wooly back gob sh1tes
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Originally posted by cojak View PostI know it wasn't you EO, it was a bit of advice for those thinking 'what would I do in that situation?'
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I know it wasn't you EO, it was a bit of advice for those thinking 'what would I do in that situation?'
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Originally posted by cojak View PostWBBS with bells on.
If you believe you are innocent DO NOT accept a caution. Refuse and wait for the duty solicitor.
It REALLY is a friend of a friend of a friend.
If it was me, I'd get ten years no problem. damn right too. I hate those 'othered' bastids
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Originally posted by cojak View PostWBBS with bells on.
If you believe you are innocent DO NOT accept a caution. Refuse and wait for the duty solicitor.
I know a couple of coppers and have heard their stories. They are untrustworthy *****.
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Originally posted by BoredBloke View PostIt doesn't matter what they perceive - it still has to be proved! In that case I would not accept the caution and let them take it to court. It would simply be their word against yours.
If you believe you are innocent DO NOT accept a caution. Refuse and wait for the duty solicitor.
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Originally posted by Old Greg View PostYou only 'get a caution' if you admit to the offence and accept the caution. Then it goes on your record.
And worse, accepting a caution can cause problems for security clearance as you're deemed to have commited an offence
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Originally posted by rpgpgmr1 View PostI think , but am not certain that a caution is never ever spent . A criminal record will expire and does not have to be declared for ever . Since a caution never expires , in theory it always has to be declared i.e Application forms asking about a criminal record.
Hope I am wrong , but a caution is only "easy" for the police - not the person being cautioned.
Cautions (including reprimands and warnings) are covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). This means that if you are asked on an application form if you have a caution you can reply 'no'. For conditional cautions it would be after 3 months since the caution was issued, up until that time you would have to reply 'yes'.
This applies retrospectively so applies to anyone who has ever had a caution (including reprimands and warnings), regardless of when it was given.
If the application form says that the post is exempt from the Rehabilitation of Offenders Act 1974 then the caution must be disclosed, no matter how long ago it was given.
However, this does not mean that it will not be disclosed on a CRB check. Under the current system all cautions, reprimands and final warnings are disclosed on both Standard and Enhanced CRB disclosures no matter how far back they go. If a caution / reprimand / warning is on record then it will be disclosed.
Cautions will always remain on a person's record. There are only exceptional circumstances when a caution could be removed from a person's record and it is anticipated that such incidents will be rare. Examples of such possible circumstances are that it was found that the original arrest or sample was unlawful or where it was found beyond all doubt that no offence existed. Any requests that fit the above criteria should be directed to the Chief Constable of the force concerned.
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I think , but am not certain that a caution is never ever spent . A criminal record will expire and does not have to be declared for ever . Since a caution never expires , in theory it always has to be declared i.e Application forms asking about a criminal record.
Hope I am wrong , but a caution is only "easy" for the police - not the person being cautioned.
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Originally posted by sasguru View PostEither someone broke the law beyond reasonable doubt. Or they didn't.
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