theForum

"The hidden consequences of accepting a caution"


https://forum.unlock.org.uk/Topic35219.aspx

By maxcaddy - 11 Feb 25 2:19 PM

I'm here after sharing my story about accepting a caution for common assault. Though this was the best option for me in the circumstances, I worry for vulnerable people being pressured into avoidable consequences by police officers with ulterior motives and solicitors giving them misleading information. 
By AB2014 - 18 Feb 25 8:54 AM

maxcaddy - 13 Feb 25 6:40 PM
AB2014 - 13 Feb 25 8:53 AM
maxcaddy - 11 Feb 25 6:03 PM
ED - 11 Feb 25 3:47 PM
Thanks so much for being brave enough to share your story so publicly!

It is a really sad fact that Police and even in some cases Solicitors are so blasé about cautions - the amount of times I have heard "it's only a caution, it'll be deleted in a year" or something similar is far too much to count. Unfortunately, these are not the people dealing with the consequences of them - until one day when they commit a minor offence and accept a caution before realising what they've been doing to people for years. There really should be some mandatory training, even if basic, for professionals working in the CJS around disclosure/Rehabilitation of Offenders Act law.

Thanks. Yes it was quite a big shock for me when I returned home and had to do my own research about the implications of accepting the caution regarding travel, careers etc

The caution will at least be filtered after 6 years even on enhanced checks so I would be able to work in nearly all fields (other than the police) by 2030 at the latest. But knowing this sooner would have helped to calm my mental health during an extremely stressful time.

You might also be relieved to hear that common assault is not considered a Crime Involving Moral Turpitude by the US authorities, so it shouldn't be a barrier to getting a visa. Most countries seem to base their restrictions on convictions, but they will want to hear your story before making a decision.

Thanks, I did enquire about my admissibility to the US elsewhere on the forum. It is somewhat confusing as domestic violence/assault can be considered a crime of moral turpitude under US law, but common assault/battery can be considered a "petty offense" and allow admission to the US without the need for a waiver. So hopefully the English statute and sentencing for common assault would be the deciding factor regardless of the circumstances. 

It would come down to what is shown on your police certificate. It would probably just say "Common assault", with no further offence information, in which case they would have to rely on you for the details. You wouldn't be obliged to tell the truth, the whole truth and nothing but the truth....