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Police caution - appeal?

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NaiveLSB | 17:59 Fri 30th Oct 2009 | Criminal
11 Answers
Hi, this is a very long-story. But a few months ago, my mother-in-law told me a friend was selling bankcrupt stuff and if I wanted anything. I asked if they were stolen twice and she assured me it wasn\\\'t. Being family I believed her. I sold a few things on ebay and then two days ago, the police raided my home becuase the items were stolen. They found six items - such as earrings and mascara, that I did buy and I admitted to buying - but I didn\\\'t know was stolen. My mother was home and they threatened to arrest her as they found a pair of sunglasses and a watch they believed was stolen - both were gifts from my In-Laws. They didn\\\'t arrest her because someone had to baby-sit my daughter. I was honest and told them where I did get the stuff from. And in the car journey over to the station, they offered me a deal - if I accept a caution, my in-laws and mum won\\\'t be arrested - they are all in their 60s... my mum has cancer and my mother-in-law has breathing and heart problems. If I didn\\\'t accept a caution and admit to knowing they were stolen, they will take them to the station and my daughter will have to come to the station too. I have never been a trouble before and just wanted to go home. They promised me that a caution would never appear on an employment check or affect me travelling - they lied. Do you think I can appeal this caution? I was hoping to work at my daughter\\\'s school or for a children\\\'s magazine - but this will affect my career and I wish I wasn\\\'t scared into accepting it. Deep down, I know the lead detective believed me.
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P.S. Obviously I confronted my in-laws, who first told me that it wasn't stolen and was bankcrupt items - but they found out the following day that the items were stolen and feel terrible. The lead detective said that I didn't seem like the type - and I'm not. I'm very naive and believe in people - hence my in-laws and the police and now feel like an idiot to believe all of them!
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I work for a government dept and we issue formal cautions, but only when someone has fully admitted to committing an offence, and there is then no right to appeal. the caution is an option offered instead of being prosecuted.

I would hazard a guess (and hopefully someone will come along with better knowledge) that if the caution was withdrawn the police may consider prosecuting.

if you signed something under duress, you need some good legal advice.
to get a caution you must admit to the offence!!! and it shows on police records!!!
Question Author
I did admit to doing it - but I told the officers that I was lying to protect my in-laws and mum before the taped interview. I didn't seek legal advice at the time as I just wanted to go home. The police could charge me if the caution was withdrawn, but I am willing to do this as I didn't know it was stolen at the time of buying them. If you can't trust your family - who can you trust?!?
Can I give you a scenario. You withdraw the caution, the police still have the prosecution evidence that you were in possession of the goods. They will not withdraw the case they charge you and you end up in Court. You plead not guilty and it goes to trial. The prosecution provide their evidence, you say you didn't know it was stolen property. You get found guilty. You get a Community Order and have to pay prosecution costs. You now have a criminal conviction. Caution/Conviction. Your Choice.
Question Author
Thanks for your response. I agree, a caution is better than a conviction - but would the police need to prove that I knowingly knew the goods were stolen or is it enough to be in possession of them? And do employers employ people with a caution?
What has happened to this 'friend' of your relatives who was the source of these goods? Surely the police etc will be more interested in them.
Question Author
Nothing. I only found out everything the night after the caution - I didn't know the details before so I couldn't tell them anything, all I knew was that he was a friend of my in-laws. The ironic thing is - that I know I stated in my original question that I purchased the goods... I didn't it was my mum, who has cancer, that bought the stuff from my in-laws. I can prove this as I transfer the sold goods money into her account. I wanted to protect her so I said I bought them from my in-laws - it was only three watches, a mascara and two pieces of jewellery. I have not slept or eaten much since all of this - the only plus side is that I must have lost a lot of weight!
If you keep changing your story on here , it is very difficult for anybody to give you any reasonable advice. No wonder the police are suspicious as well.......
Question Author
I know it sounds dodgy - but the proof I have is my and my mum's bank accounts, and that I transferred the money into my mum's account after each sale... it was three items. The truth is - my mum bought the items and asked me to sell them on ebay - we both believed my in-laws who told us that the items were not stolen. 9 officers came to search our home and also searched my mum's rented home - they didn't find anything apart from six goods. I didn't say anything to the police officers or here as I wanted to protect her because a) no-one could look after my daughter, and b) she has cancer. But now, I know it is on my crb and will affect my career I feel silly to have protected anyone - especially my in-laws, who found out the items were stolen the night after I was cautioned and have said they will continue to buy stuff - so I protected them for nothing!

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