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Wrongly Accused of Fly Tipping - Help!
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You will never be allowed to work as a teacher or with young people with a caution attached to your nameGather ye rosebuds while ye may0
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You will never be allowed to work as a teacher or with young people with a caution attached to your name
Again, not necessarily correct. While cautions are indeed revealed in Enhanced DBS checks (formerly CRB), there is no automatic rule that a caution by law must prevent any work forever with vulnerable people. It is up to the employer to decide in individual cases.0 -
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Listen to the words used when you are interviewed under caution:
You do not have to say anything, but it may harm your defence, if you do not mention when questioned, something on which you later rely on in court. Anything you do say may be used against you in a court of law.
Does it say anywhere they are there to help you? That anything you say can be used to help you? Does it say you have to answer?
The police use the words 'may' very specifically, do not be intimidated. There is nothing to be gained by going to this interview.
The council have in essence reported you to the police, for the offence of flytipping, and for the possibility of prosecuting you for this offence. They have 'invited' you for an interview becaus ethey do nbot have the evidence to arrest you. DO NOT GO.
Just ignore it, it's an invite, which you do not accept, and you do not acknowldge.
FINALLY: There is one more line to the caution: Do you UNDERSTAND your rights, as I have explained them to you. NO you do not STAND UNDER any statement. Stand under, means agree to.
Finally as many other users have stated, a caution which the police may wish to issue (different from an interview under caution) is a criminal conviction, it does not stop you getting most jobs, but you do not have to, and shouldnt accept it. You are basically saying I am guilty of this offence, and dont wan to go to prison.
If the police come and arrest you, always ask for a solicitor, always ask for a copy of the police rules and regulations, and always notify someone of your whereabouts. Use your rights.0 -
Just ignore it, it's an invite
Err, no-showing isn't a good idea. But you are free to leave at any time.0 -
I_have_spoken wrote: »Err, no-showing isn't a good idea. But you are free to leave at any time.
Why's that then? Or are the police offering to pay the OP for his time? I'm genuinely interested in your view on this.
Your free to leave, your free to not turn up, your free to do as you wish, as a free person. It's that simple.0 -
neverdespairgirl wrote: »There is a bit of confusion in this thread.
An interview under caution means that you told at the start of it, "you do not have to say anything....."
Accepting or being offered a caution is accepting your guilt in relation to whatever it is, and it does appear on CRB checks and would need to be disclosed.
So phrases such as "whatever you do, do not accept anything under caution" are concerning - they are mixing up the two things!
what you legally can do and what you should do aren;t always the same.
Sure you can refuse to say anything but from a personal level it will just make you look like you have something to hide and may mean they probe further. Certainly in a police investigation when they have multiple suspects and they interview all of them - the one that refuses to comment will still be a suspect.
I see people on youtube confronting police about their rights, some PO just was being a bit nosey and asked a civilian what they were up to, civilian goes into a 30 minute discussion about freedom to not say anything, asking what law the PO are acting on etc etc etc. If the civilian had just said I've come from x and i'm going to y, they probably would have left them alone.0 -
londonTiger wrote: »what you legally can do and what you should do aren;t always the same.
Sure you can refuse to say anything but from a personal level it will just make you look like you have something to hide and may mean they probe further. Certainly in a police investigation when they have multiple suspects and they interview all of them - the one that refuses to comment will still be a suspect.
I see people on youtube confronting police about their rights, some PO just was being a bit nosey and asked a civilian what they were up to, civilian goes into a 30 minute discussion about freedom to not say anything, asking what law the PO are acting on etc etc etc. If the civilian had just said I've come from x and i'm going to y, they probably would have left them alone.
And? maybe they would have, or maybe they prefer to remain anonymous. Say nothing and nothing can be used against you. Though they must stop and account, the answer 'I am existing' is sufficient and they can walk away. The police can ask all they like, they cannot prove what have not happened. A suspect is not a criminal0 -
Listen to the words used when you are interviewed under caution:
You do not have to say anything, but it may harm your defence, if you do not mention when questioned, something on which you later rely on in court. Anything you do say may be used against you in a court of law.
Does it say anywhere they are there to help you? That anything you say can be used to help you? Does it say you have to answer?
The police use the words 'may' very specifically, do not be intimidated. There is nothing to be gained by going to this interview.
The council have in essence reported you to the police, for the offence of flytipping, and for the possibility of prosecuting you for this offence. They have 'invited' you for an interview becaus ethey do nbot have the evidence to arrest you. DO NOT GO.
Just ignore it, it's an invite, which you do not accept, and you do not acknowldge.
FINALLY: There is one more line to the caution: Do you UNDERSTAND your rights, as I have explained them to you. NO you do not STAND UNDER any statement. Stand under, means agree to.And? maybe they would have, or maybe they prefer to remain anonymous. Say nothing and nothing can be used against you. Though they must stop and account, the answer 'I am existing' is sufficient and they can walk away. The police can ask all they like, they cannot prove what have not happened. A suspect is not a criminal
That sounds a bit like FOTL gobbledegook to me.0 -
It's not, there's a specific reason they ask you you to stand under cautaion. Honestly, i'm not saying be awkward with the pice, i love the police. But there are bad apples, and know how to protect yourself legally can save you lots of hassle down the line.0
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