mally1
Administrator
From what you say I don't believe your legal rep should be solcialising with the interviewing officers after work.
Also, nobody should be stopping the tape and telling you what to say, thats not the way things happen.
Challenge the caution you were given, copied from http://www.justice.gov.uk/downloads/oocd/adult-simple-caution-guidance-oocd.pdf
It's definately worth it, whats the worst that can happen, you've already technically lost your job without your SIA licence. The police could reopen and decide to charge (6 month time limit to charge for a summary only offence)
Almost inevitably you would have to demonstrate that you were misled or coerced.
Also, nobody should be stopping the tape and telling you what to say, thats not the way things happen.
Challenge the caution you were given, copied from http://www.justice.gov.uk/downloads/oocd/adult-simple-caution-guidance-oocd.pdf
Challenging a Simple Caution
74. There is no formal right of appeal against a simple caution once it has been administered as an offender must agree to accept a simple caution as the means of disposing of the offence. However, this does not prevent a person (for example an offender or a victim) who claims that it was not administered in accordance with this guidance from challenging the simple caution by way of a formal complaint against the police force or in court by way of judicial review.
75. To make a formal complaint to the police force a person can:
o Make a complaint in writing to the Chief Constable of the police force that administered the simple caution or by visiting a police station;
o Make a complaint to the Independent Police Complaints Commission (IPCC) to pass to the police force;
o Authorise a third person (such as a solicitor or Citizens Advice Bureau) to submit the complaint on their behalf.
76. If the simple caution is set aside for any reason, whether following a challenge or for any other reason then the case should be reviewed again within the provisions of this guidance to consider whether a simple caution or other outcome is appropriate.
It's definately worth it, whats the worst that can happen, you've already technically lost your job without your SIA licence. The police could reopen and decide to charge (6 month time limit to charge for a summary only offence)
Almost inevitably you would have to demonstrate that you were misled or coerced.
Please note the following time limits apply to Action Against the Police:
Judicial Review – 3 months
Discrimination – 6 months less one day from the act/emission complained of.
Human Rights Act – 1 year less 1 day from causative breach of relevant Article.
Police Complaint – 1 year from act complained of.
Negligence, Assault, False Imprisonment, Malicious Prosecution, Misfeasance, Data Protection Act – 3 years if claiming personal injury, 6 years if not. Limitation only begins to run when the Claimant reaches 18 and/or is not under a mental disability.
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