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Can this draconian system be changed?

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
Hi all,

I don't usually post on forums very much but i feel the need to get something off my mind.

Because of ONE event my life is in mess, i cant ever get a job in teaching because of the need for ECRB checks, i also suffer from depression and haven't been able to keep a steady job, i know this happened long ago but i still feel it to this day.

Firstly, is there anyone else who's ambitions have been left in tatters because of police intimidation and accepting police caution?

For me, it happened long ago, i had just turned 19. I moved here with my family when i was 15 didnt have an easy time and was constantly being bullied, i made one friend after 4 years of living here anyhow me and my friend went out to have a drink and a chat and to catch up one evening we ended up having an argument towards the end of the night and i ended up walking off from him, to cut to the short version he got hit over the head with a beer bottle, from an individual who walked past myself. i heard the commotion ran back towards him and flagged down a car to get him to hospital ASAP. He recieved 20 stitches in his head and i stayed by his side the whole time after calling his parents.

The following day two plain clothes police officers knocked on my families home front door to take a statement which i gladly did informing them of everything that i recalled, i told them as accurately as i could everything that happened even thanked them for coming to see me so promptly.

The officers soon returned to my home to inform me that i was going to be charged for a section 20 GBH without intent. I kept telling them how i went to the hospital with him, i phoned his parents, does a guilty person do that! Then started telling me and my mother who had a heart condition at the time that i was in a great deal of trouble was arrested in my home and detained in a cell for 6 hours. What had happened was my friend told the police that it was me that committed the offense, which i presume was because he was concussed. I was only 19, never been in trouble with the police before and dont even have a violent nature. I was asked to seek legal advice which i did, my solicitor told me because of the seriousness of the crime that i should plead guilty will receive a formal caution because it was a first offense, my solicitor didnt tell me the ramifications of accepting this caution! Isn't it their job???

I recall the police and MY solicitor telling me repeatedly 'dont worry its just a caution it wont ruin your life', how wrong they were! I know theres many other individuals out there that have similar and probably far worse stories than mine but can anything be done to stop this??? Its draconian. I know its probably too late for me to clear my name, but i really want to do something to stop this from destroying other peoples lives, i guess if i get to the crux of the matter, i want to know how i can do something that can stop this. I've recently wrote a letter to my MP asking if anything can be done to stop this repeating on others. It worries me how many out there are blissfully unaware of what a caution actually means its NOT just a slap on the wrist! I guess hindsight it a wonderful thing but you don't get any second chances in this society it seems.

I feel dumb, stupid and utterly betrayed by our justice system!!!:(
hope i didn't come across as being melodramatic, just frustrated by our current justice system

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    tapu32 wrote: »
    utterly betrayed by our justice system

    How ?

    The results of this are from someone lying. How is that being betrayed by the justice system ?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    As harsh as it sounds, you confessed to something you didnt do. It was your lack of courage to do the right thing for yourself, as much as it was hard to do.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Are you from UK or the US? I noticed spelt offence as 'offense'. That's why I'm asking, because the law and justice system can vary.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    tapu32 wrote: »
    I feel dumb, stupid and utterly betrayed by our justice system!!!:(
    hope i didn't come across as being melodramatic, just frustrated by our current justice system



    No, you were let down by your God-awful solicitor. You're the one who pleaded guilty to something that you didn't do.

    Besides, unless the guy was under 18 at the time your record should disappear after a few years anyway and becomes non-disclosable.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Whowhere wrote: »
    No, you were let down by your God-awful solicitor. You're the one who pleaded guilty to something that you didn't do.

    Besides, unless the guy was under 18 at the time your record should disappear after a few years anyway and becomes non-disclosable.

    Don't think they do disappear off an enhanced CRB.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    MrG wrote: »
    As harsh as it sounds, you confessed to something you didnt do. It was your lack of courage to do the right thing for yourself, as much as it was hard to do.

    If your legal counsel tells you to do one thing then you place trust in them as a professional on a register etc. that it is in your best interest. The police do try to 'sell' confessions and cautions to people and pretend that they don't matter, when they do. That's because it's a lot easier in terms of meeting targets and paperwork if you just need to sign a form accepting responsibility, instead of going to court, when on their target it still counts as just 1 guilty person charged and punished etc.

    Having said that, my mum has a caution on record for vandalism or something along those lines (drunken argument with neighbours, never good, but the neighbours were just as bad) and she can still get (and has) a teaching job.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Mist wrote: »
    Don't think they do disappear off an enhanced CRB.

    It depends on the offence and the nature of the job you want. A conviction for assault on a person under 18 is a first schedule offence, you're stuck with it for life. Smashing a window when you're 14? Consider it forgotten by the time you reach 18.

    Shyboy, again your mum wasn't convicted for an offence against people, only against property. Not disclosable after a few years, again unless it's relevant to the job you're applying for.
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