is this further evidence ?

[littlewoman]

OK . I see the relavance of the answers I have received in relation to ' can a caution be quashed ' but in my mind i am struggling to understand the fact there was no evidence of a theft, but due to the fact i admiitted using the phone I was cautioned for theft by appropriation. However the phone hasnow been found, in a place i have not entered in 14months, surely this is proof that the phone had never been stolen, so how can my caution still stand ? if i had been in prison would this evidence not assist in further investigation to have my caution quashed.Ive never denied using the phone and always proclaimed my innocence not to have stolen/steal it. I was never arrested.

[Aloysius535]

The problem I can see with this is that you have to accept a caution i.e. admit that you are guilty of the offence. Police cannot give you one without your agreement. So if you have always protested your innocence you cannot have got one in the first place unless you were tricked in some way.

I would see a solicitor to see what can be done

[littlewoman]

Thankyou for your support.
Due to the fact I admitted ( of my own free will ) that i had used the phone,and put it back this was in jan, in june 2007 it could not be found. the last number traced was the one i had text to. so they said it was theft by appropriation and that evidence was stacked against me !! I was advised if did not to accept the caution and chose to go to court, i would be found gulity and go to prison , at the time i felt the caution was better option as i had admitted usage.

[bednobs]

as i have answered in your other post, you accepted guilt when you accepted the caution so it cant be taken back. its like asking for a prison sentance youve already served to be taken back!
PS i thought the phone was posted through your door?

[froggequene]

In your other question you stated the phone was posted through your door with an anonymous note, is there more to this?

Some gutless wonder has cost you your job, your reputations caused you to be cautioned by the police & now to top things off dumped the evidence in your lap - can you prove this phone was in someone else's possession before it was given to you? And will this gutless wonder finally admit to what's s/he's done?

[littlewoman]

yes. the phone was posted through my door with a note, by a person who was somewhat reluctant to hand it in to superiors as they felt i would never be told that it had been found within a work enviroment were i had not had access for 14months. It was posted through my door inside an internal work envelope with a typed note from the finder !! The phone/note and envelope weere all handed in to the police by my ex boss as i was so upset. I hope this clarifys the question.." i thought it was posted through your door !!"

[littlewoman]

may i just add to make those of you that have answered me ( which i very much appreciate ) my personal belongings/ locker/handbag/desk draw/brief case and even my home were searched following my interview , in my presence.

[littlewoman]

FAO Of Bednobs.I have just noticed that you state ' in my other post to you' I amunable to locate any other post you have sent me.