How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice.
Type Your UK Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

Legal Question. Can I appeal a simple caution; a Solicitor

This answer was rated:

Legal Question.
Can I appeal a simple caution; a Solicitor has given me the simple answer No.
Almost two years ago I was given a fixed penalty notice for harassment, for whatever reason best known to me at that time I accepted it and paid the fine. In February this year I breached that notice by writing to the complainant to apologise as this could not be done by the PC who issued the notice.
I wrongly thought I had been given an ASBO and that they expired after 2 years and if the person wanted a further 2 years reassurance, writing the letter would enable them to get the ASBO extended.
I was wrong in misunderstanding my penalty and wrong to write the apology so the caution was correctly given last night.
My question is can I appeal the original fixed penalty notice issued two years ago, because if that was reversed then I would not be in breach of its conditions therefore the caution would have to be withdrawn.
I am concerned that my rights have been compromised by the fact that my finger prints DNA and photo will be held indefinitely and if I want to go to a list of Countries I will need to declare my Caution, I am retired but it also put restrictions on what I could do, for something, I don’t think I was unreasonable in doing in the first place. I don’t think I threaten, stalk,
Where do I stand?
And do I have any options other than accept it or go to court to defend an absolute offence.


Thank you for your question. I will try to help with this.


Did you plead guilty?

Customer: replied 5 years ago.
I was interviewed last night and the Custody Sargent and PC agreed that the best solution was a Caution, but explained the conditions as detailed.
I am sorry but you cannot in practice.

If you admitted an act in breach of the original police warning then that is a harassment. That is an offence suitable for a caution and so one was properly administered.

there is no appeal from the issue of a caution. All you can do is judicially review the decision to issue a caution. That is expensive and the test is very high. It would not be made out here because you admitted the offence and so it was not unreasonable to caution you.

I am sorry but if you didn't raise a defence then a caution is a reasonable disposal option.

I do realise that this is not the answer that you wanted but please remember to click on accept.
Jo C. and other UK Law Specialists are ready to help you

Related UK Law Questions