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: 64687
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

Hello, I was arrested and cautioned for affray in April this

Resolved Question:

Hello, I was arrested and cautioned for affray in April this year. Basically what happened was a friend was attacked (punched) from the side as we walked along the street. I was walking behind and instinctively tried to stop the person from hitting my friend, i threw two punches, the whole thing lasted about 20 seconds. Unfortunately there were two police officers on the other side of the road and they immediately came across and arrested me. I was taken down to the station and put in a police cell for about 5 hours. I should point out that i had been drinking that day and i would say i was drunk (Over 5 or 6 pints). The police took me to the interview room and i stupidly refused solicitor representation. I've never been in trouble with the police before and thought if i was honest it would be all be over quicker. The police officer interviewing me encouraged me to admit guilt of affray as he said they had clear CCTV evidence. So i accepted the caution as i was under the impression that a caution was just slap of the wrist. All of the events at the station are a bit cloudy as i was under the influence of alcohol. I would say i was not in a fit state to be interviewed. Basically is there anything i can do, or is that it? they didn't question any of my friends who were present, nor the friend who was assault.

Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

What are you hoping to do?

I presume you accept what is said and its just unfortunate that it was witnessed by officers
Customer: replied 1 year ago.

I feel the charge of affray was harsh, i didn't even know what Affray was until I got home and looked it up. Is it possible to get the charge changed?

Expert:  Jo C. replied 1 year ago.
Thanks.

I just need 10 mins to type out an answer if thats ok?

I'm afraid its fairly bad news though.
Customer: replied 1 year ago.

Yes that's fine..

Expert:  Jo C. replied 1 year ago.
Thanks for the information.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I am sorry but you cannot just appeal from a caution. You have to admit the offence to get a caution. Its like a guilty plea at court so you would only be appealing from yourself. That is possible sometimes but not here. To appeal a guilty plea you have to argue that the plea was not unequivocal which cannot be the case here as you have to say words that amount to an admission of the offence in interview or sign the officer's notes.

In any event, even if you did appeal successfully that would only mean that they could charge you. There is fairly overwhelming evidence here as there are police officer witnesses and CCTV and you don't deny the acts alleged. The only point to that would be that it is quite unlikely they would charge you with affray but drop down under s4. However that would lead to a conviction and a much harsher sentence than a caution.

I suppose you could try to exclude your comments in interview under s78 PACE as on the basis that you will still drunk but the problem with that is that they won't accept that. There are lots of checks upon a persons fitness while in police custody and its very unlikely that they will accept that all of those failed on this occasion. In any event, they have other evidence for the officers and CCTV.

All you could do is judicially review the decision to caution. I suppose you could argue that there was a procedural irregularity in the reliance on your comments in interview because it were in drink. That may not attract legal aid though and you have to prove that you were not fit during interview which is difficult.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64687
Experience: Over 5 years in practice.
Jo C. and 3 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