Is it possible to appeal a police caution?

Appealing or removing a caution or arrest record is not a simple matter. Before a police caution can be administered a person must have admitted an offence – without raising any defence. The police will use a standard form that sets out the usual advice as to the impact a caution will have and the person is invited to read and sign the form.

What are the chances of success of appealing a caution?

The task is not simple. The chances of success may not be great but they can be increased with correct advice.

Do you get legal aid if you appeal a caution?

The chances of success may not be great but they can be increased with correct advice. You will not get legal aid to help with the cost of assistance but if we find that the solicitors who represented you in the cells did not advise correctly then it may be possible to convince them that they need to cover the cost of correcting the position.

How can I challenge or remove a caution after accepting it?

Ask the offender to sign a form setting out the implications of the simple caution (“the simple caution form”); Sign the simple caution form themselves and provide the offender with a copy to take away.

Can a person appeal against a simple caution?

There is no formal right of appeal against the administration of a simple caution once it has been accepted by the offender and administered by the police. However, it may be challenged by way of a complaint Simple Cautions for Adult Offenders 5 against the police force that administered it and by way of a claim for judicial review.

Can a person go to prison for a common assault?

Common assault is the least serious of the assault charges. It is governed by s39 of the Criminal Justice Act 1988. Whether you will go to prison for a common assault first offence depends on a number of factors. All offences before the courts have sentencing guidelines. The court must follow the guidelines unless there are good reasons not to.

Can a charge of assault and battery be heard in Crown Court?

Yes. Unless the assault and/or battery was racially motivated, the charge will be heard in a Magistrate’s Court. If the attack was racially motivated, it can be heard in either the Magistrate’s Court or the Crown Court. What is the maximum sentence for assault and battery?

Why are assault charges dropped in most cases?

Assault occasioning ABH; Premeditated ABH Why are assault charges dropped? Assault charges can be dropped for a number of different reasons. Three of the most common reasons cited for charges being dropped by police or the CPS are: 1. A lack of sufficient evidence. A common reason for dropping assault charges is a lack of sufficient evidence.