Charged After Being Cautioned?

[matbidz]

hi,
i recently answered bail for the third time and i (aswell as my partner) were cautioned and told that a letter will be sent to our address if we are due to attend court but we were not charged?
my question is can we be summoned to court

[Buenchico]

You can't be prosecuted for the same offence for which the caution was issued but there might be an additional matter to be considered.

For example, you could have said "Yes, I'm guilty of using threatening behaviour but I didn't hit anyone". That would enable the police to issue you with a caution for threatening behaviour but, if they believed that you'd also struck a blow, they would then have to pass the matter to the Crown Prosecution Service for them to decide whether there was sufficient evidence to pursue a prosecution for ABH.

[matbidz]

thanks for the swift reply, the charges (even though not charged) were : PWITS CLASS B(they found 10g skunk) and posession of a disguised fire arm ( A torch/taser which was not working or charged and only worked as a torch if it had charge).
This all came about due to the police knocking my door due to my mrs clipping someones wing mirror and driving off about 30 mins prior, i answered the door and had recently smoked a joint and was looking after my two children as my mrs was still out. The police officer smelt the cannabis and asked if i had kids in the property? my reply was yes and told them my mrs will be back in 15 minutes so can you call back then as you have come here to see her and i shut the door. They then demanded i let let in which i again said no and they got armed responce to come and break down the door. My mrs had come back before they had broke down the door and would not let her near and told me she had gone to get a key. I opened the door when i could hear my mrs and they rushed in and cuffed me and took me down the station. The following day whilst still in custody i found out that they had arrested my mrs aswell and we were both bailed (with the condition of not having un-supervised access to our own children) due to a pending child neglect charge due to untidy home conditions (the mess they made while turning everything upside down trying to find imaginary bags of drugs). this was at the end of november and since then we have had countless meetings with social services and the kids were even placed on the child protection register which they are now off. and that brings us up till now when we were due to sign bail for the third time but were cautioned with no mention of the child neglect. Is it possible that the police have not followed the correct procedure from the start of this case?

[EDDIE51]

Reading your question I can see 5 possible separate offences committed by you and your partner . So 'Yes' you can be summoned to court. The child neglect could take months to investigate.
What was the caution for? They must have told you.

[matbidz]

the caution was for PWITS class B and possession of a disguised firearm (torch/taser)

[EDDIE51]

Apart from the caution for the drugs and firearm possession ,there is your partner failing to report an accident (clipping someone's wing mirror and driving off) that's an offence.
There is the failing to allow the police to enter your home when they had reason to suspect a crime was being committed that's a second offence.
Finally there is still an investigation into possible child neglect.
So there are still two definite offences and a possible child neglect case outstanding.

[Peter Pedant]

I think you are in quite a lot of trouble
and shouldnt be relying on internet links and advice
but going out and hiring a lawyer and/or getting legal aid....

especially the child neglect bit

[EDDIE51]

I know from personal experience that getting any information on a possible child abuse/neglect case is all but impossible. The social services operate under total secrecy in such cases even the police and solicitors can not get any information. The case could drag on for years!

[matbidz]

ok, firstly i am not relying on theses answers. I think they have brought the child neglect into it due to the way they forced entry and to justify what they did. the child neglect has all been dropped aswell as my mrs clipping a wing mirror and driving off . All i wanted to know is can i be charged for the PWITS and stun gun even though i have been cautioned for them?

[EDDIE51]

The drugs and firearm case will also affect the child neglect case , as you accepted a caution you have accepted the entire prosecution case.
Accepting a caution just means you have pleaded guilty in return for not facing a trial.
It is NOT going to look good in the Social services viewpoint. Parents were guilty of drug and firearm offences and then tried to prevent the police from entering the house to ensure the children were not at risk!

[EDDIE51]

I doubt the child neglect has 'been dropped' what is a lot more likely is that they have decided that at the moment there is not sufficient evidence to proceed. Your case will still be 'on file' and if any more evidence comes to light the case can be reopened .