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: 64382
Experience:  Over 5 years in practice.
12826847
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

Resolved Question:

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because if that was reversed then I would not be in breach of its conditions therefore the caution would have to be withdrawn.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.
Submitted: 3 years ago.
Category: UK Law
Expert:  Jo C. replied 3 years ago.

Hi

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

 

Did you plead guilty?

Customer: replied 3 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.
Expert:  Jo C. replied 3 years ago.
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., Barrister
Category: UK Law
Satisfied Customers: 64382
Experience: Over 5 years in practice.
Jo C. and other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice