I need legal help following an arrest!

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Cautions, which are not technically convictions, are recorded on the police national computer.

By David Frost

Friday, 04 April 2008

Two weeks ago I was arrested and given a formal caution for an offence I did not commit.

My sleepless nights now include deep concerns that in three years time my shot gun certificate will not be renewed.

The officer who handed out the caution said the alleged offence does not attract a police record and there has so far been no publicity. But I am very nervous they will dig into their files come renewal and use any minor excuse to up the statistics of non-renewals.

I have never been in trouble before, not even a parking ticket. I am very worried and hope you can help.

Legal
DAVID FROST says:
The first thing is that nobody should ever under any circumstances accept a caution without first taking legal advice.

Free legal advice is available to anyone who is arrested, although you may be kept waiting for it as part of a softening up process.

A caution is a formal acceptance by you that you have committed an offence. The police often use cautions for minor offences which it would not be cost effective taking to court. Cautions, which are not technically convictions, are recorded on the police national computer.

They are not covered by the Rehabilitation of Offenders Act so they never become spent and can be dredged up years later in some circumstances, such as applications for sensitive jobs.

They should be declared on the shotgun certificate application form.

That?s the down side but there is a plus side in your case. Firstly the offence you committed must have been a minor one otherwise you would have ended up in court.

Minor offences, indeed even short jail terms, should not normally be a bar to getting a certificate provided the offence did not include violence.

If the police think you are unfit, by virtue of the offence you have committed, to hold a shotgun certificate, they should revoke your certificate without delay.

The fact they haven't suggests they have no grounds to do so.

If they were to refuse to renew the certificate in three years time solely because of this offence you would almost certainly be successful on appeal.

If they don't revoke your certificate in the next couple of weeks I think you can sleep soundly.

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Comments

Alan R. Towers

May 05 18:48

Having just received my June 2008 copy of Sporting Gun I was taken aback somewhat when on reaching page 37 it appears that under the Stalking section a new species of deer has been included and tips are being given on the subject of how to clip their claws!!!!!! I thought it must be an article that should have been aimed at 1st April edition ( only kidding ) Keep up the good work producing the best shooting gazette around. Kind Regards Alan R. Towers

harold floyd

April 28 22:29

can any one help me i was arrested for an offence i did not do, back in 1997 and the charge was droped but still been refused firearm/shotgun certificatebecause of it i have appealed and would like to have some advise if any one else as be in the same boad as me harry floyd

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