Accepting a garda Caution..

fortuneteller

Can anyone tell me implications of accepting a garda caution for assault.....Like how does it affect one in the long term.

So far i have a clean record.

Thank's in advance;)

mcgarrett

I presume you are talking about an adult caution administered by the Supt/Insp.
Has no long term implications as it is not a criminal conviction.

Only way you hear about it again is if you reoffend and end up in court, if you are convicted the Garda can tell the judge you have no previous convictions but have received an adult caution.

source

Just to add to what mcgarrett said, If you refuse the caution, you will be charged/summonsed for the offence, and if found guilty in court, you will have a record for assault.

If you did it, you're better off going with the caution and keeping your nose clean for the next 3 years. It means you won't have a record.

fortuneteller

To Answer your point...No i was assaulted, and went and made a complaint but the low life that punched me got 3 other scumbags that were not even there to make false ststements saying it was me that assulted him......so here i am :rolleyes:

mcgarrett

Thought with your username you would have seen that coming

Delancey

Be very clear in your mind that by accepting a caution you are effectively admitting your guilt , you cannot take a caution and then say '' but it wasn't me ''.

fortuneteller

Im getting free legal aid because im not working..

I could be mistaken but it appears my brief just wants an easy way out here..and he is the one that suggested i go for this option if its offered.

If a caution stays on your file for more than penalty points, i wont go for it.
Very hard when your up against Trash that have no quams about making false statements to gardai.

Another thing..I only ever made a vol, witness statement..
I was never cautioned, but sill got a summons

poisonated

I'm not an expert in the law but I would assume that if there were 4 people saying one thing and one person saying another, the judge is most likely to believe the four. Of course, there is the possibility that those four people wont go to court but why risk having a conviction when you could get off with a clean record. If you are an upstanding character, then you shouldn't have to worry about getting in trouble with the law in the future.

source

fortuneteller wrote: »

Im getting free legal aid because im not working..

I could be mistaken but it appears my brief just wants an easy way out here..and he is the one that suggested i go for this option if its offered.

If a caution stays on your file for more than penalty points, i wont go for it.
Very hard when your up against Trash that have no quams about making false statements to gardai.

Another thing..I only ever made a vol, witness statement..
I was never cautioned, but sill got a summons

Okay you're going to court if you've been summonsed, that means that unless the Judge decides you should benefit from the adult caution scheme after you've been convicted, you don't have the option.

Do you know if the other person was summonsed too, what may have happened, and happens often, is if there is a fight, both parties are summonsed for the offence.

What offence is on the summons?

yosser hughes

source wrote: »

Just to add to what mcgarrett said, If you refuse the caution, you will be charged/summonsed for the offence, and if found guilty in court, you will have a record for assault.

If you did it, you're better off going with the caution and keeping your nose clean for the next 3 years. It means you won't have a record.

What happens after 3 years? Does it get wiped clean? I presume there is some kind of record on Pulse or something? What's the significance of the three years?

MagicSean

fortuneteller wrote: »

Im getting free legal aid because im not working..

I could be mistaken but it appears my brief just wants an easy way out here..and he is the one that suggested i go for this option if its offered.

If a caution stays on your file for more than penalty points, i wont go for it.
Very hard when your up against Trash that have no quams about making false statements to gardai.

Another thing..I only ever made a vol, witness statement..
I was never cautioned, but sill got a summons

poisonated wrote: »

I'm not an expert in the law but I would assume that if there were 4 people saying one thing and one person saying another, the judge is most likely to believe the four. Of course, there is the possibility that those four people wont go to court but why risk having a conviction when you could get off with a clean record. If you are an upstanding character, then you shouldn't have to worry about getting in trouble with the law in the future.

Unless you piss off those same four people again. It's really up to you op. The 4 liars would have to convince a judge they are not lying. It's very hard for four people to keep their story straight uner the pressure of a court case. On the other hand, the adult caution will ensure your life is not affected at all by this event but will effectively eliminate the chance of a future caution when you have actually dones something wrong. if you do decide to fight it then i would get a better solicitor.

source

yosser hughes wrote: »

source wrote: »

Just to add to what mcgarrett said, If you refuse the caution, you will be charged/summonsed for the offence, and if found guilty in court, you will have a record for assault.

If you did it, you're better off going with the caution and keeping your nose clean for the next 3 years. It means you won't have a record.

What happens after 3 years? Does it get wiped clean? I presume there is some kind of record on Pulse or something? What's the significance of the three years?

If you reoffend within 3 years, the charge you received the caution for can be made known to the court, the judge can take this into account when it comes to sentencing.

After the 3 years it cannot, you receive no record from the caution but once an incident goes in pulse it never comes off.

So you will always be down as a suspected offender for the incident on pulse along with a record that you were cautioned for the offence. This does not however get disclosed in criminal records checks.

fortuneteller

source wrote: »

Okay you're going to court if you've been summonsed, that means that unless the Judge decides you should benefit from the adult caution scheme after you've been convicted, you don't have the option.

Do you know if the other person was summonsed too, what may have happened, and happens often, is if there is a fight, both parties are summonsed for the offence.

What offence is on the summons?

Section 2 assault

Yes he was also charged with assault..

idmig

source wrote: »

If you reoffend within 3 years, the charge you received the caution for can be made known to the court, the judge can take this into account when it comes to sentencing.

After the 3 years it cannot, you receive no record from the caution but once an incident goes in pulse it never comes off.

So you will always be down as a suspected offender for the incident on pulse along with a record that you were cautioned for the offence. This does not however get disclosed in criminal records checks.

Details of adult caution can be given any time after, there is no time limitation on the details being given to a court