Should This Despicable Woman Have Been Given A Custodial Sentence?

[anotheoldgit]

http://www.telegraph.co.uk/news/uknews/law-and-order/12021764/Teacher-struck-off-for-posing-as-teenager-to-falsely-accuse-former-headteacher-of-being-paedophile.html

Why was this woman released by the police with just a caution, her only punishment was to be struck off as a registered teacher by the Education Workforce Council.

She not only falsely posed as a 13 year old girl so as to ruin an innocent man's life by accusing him a paedophile, but when she was found out she tried to place the blame on her estranged husband.

[anotheoldgit]

EDDIE51

Yes bring back Lunatic Asylums, but would that be for just female criminals, whereas the male ones could just be strung up.

[Orderlimit]

hc, "I think she hasn't gone to prison because there is absolutely no way of proving she did it" ??

Cautions should be used for minor offending, i would say this is fairly serious

[anotheoldgit]

hc4361

/// OrderLimit, I thought I said she had accepted the caution, which means she admitted guilt. She cannot then be hauled before the courts. ///

Surely everyone cautioned by the police has to accept it? But it doesn't necessarily admit guilt.

[hc4361]

She was given the caution by the police. They could have charged her with numerous offences including wasting police time which carries a prison sentence, malicious communications which carries a prison sentence and possibly other offences such as harassment.

[EDDIE51]

^^So you advocate the death penalty for anyone who develops a mental health problem?.
Why stop at that , why not 'string up' anyone who needs long term medical treatment?
That would certainly solve the NHS funding problem!

[Orderlimit]

It works the other way round Mr Aog, fully admit a minor offence to qualify for a Caution, which yo can refuse to accept

[anotheoldgit]

Retrochic

Oh so anyone can go around making false accusations against others then? all they have to fear is if their employers take a dim view of it, then they may stand a chance of being sacked.

[hc4361]

AOG, a police caution is an alternative to going to court for some offences. The accused is offered the caution which can either be accepted if the accused admits he is guilty, or declined when he insists he is innocent and is prepared to go to court.

The caution gives the person a criminal record.

[Orderlimit]

I think the court should have decided the penalty in this case, seems to serious for a caution.

[Mamyalynne]

Based on the article above - I don't believe the public at large would be any safer if she was behind bars.

Her actions were despicable and who knows what drove her , whether it be purely malicious or some mental aberration? Whichever , she needs some sort of help/counselling.

I must say I have huge admiration for the dignity the Headteacher has shown during what must have been a terrible time as anyone who has been on the receiving end of false allegations would know.

[EDDIE51]

She had already been sacked as a teacher, that in itself means she must have had serious problems, it is not easy to get a teacher dismissed.

[hc4361]

OrderLimit, I don't think the prosecution had a chance of proving beyond all doubt that she did it.

[EDDIE51]

Orderlimit, the court just issued a caution. That is all they can do, it is up to the professional body to take any action with regard to her career.

[hc4361]

The police issued the caution, it didn't get to court

[Orderlimit]

Ah sorry if it was the courts that issued the caution, its difficult for me to read the on-line article at mo.

[anotheoldgit]

Isn't,

"I am charging you with making malicious accusations, you do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

A caution?

[hc4361]

Yes, AOG, that is the caution given orally by police before questioning a suspect.
It is different to a caution given as an alternative to trial when you accept guilt.

https://www.gov.uk/caution-warning-penalty

[pixie374]

I think it's very lenient. To be legally considered mentally unsound, don't you either have to be unaware of what you're doing- or unaware it's wrong? I can't see either of those apply here.

[hc4361]

She hasn't been found mentally unsound. I agree the sentence is lenient but if the prosecution know they have no chance of winning in court what can they do?

[anotheoldgit]

Thank you for clearing that one up for me, I am pleased to say I have no knowledge of such proceedings.