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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice.
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Legal Question. Can I appeal a simple caution; a Solicitor

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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because if that was reversed then I would not be in breach of its conditions therefore the caution would have to be withdrawn.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 6 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.
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