Adult Caution?

AdultCaution

Hello I was assaulted by my girlfriends ex-boyfriend resulting in myself receiving six stitches and a scar, assault causing grievous harm I believe. On top of this the ex-boyfriend used to hit her in their relationship, and was harassing her after it ended, following her around, threatening her and anybody she showed an interest in. Phone calls, texts, emails etc. No was these happened in two different areas it is handled by two different police stations. One for the assault and one for the harassment.

The police officer in charge of the assault rang me saying would I accept him getting an adult caution instead of this going to court, and to think about it, as this is his first time in trouble with the law. I have vague knowledge of what this is and as far as I know it is a warning, get-out-of-jail-free card which basically does nothing? Ie we wont do anything unless you break the law again, is this correct?

She said that if I do not accept this that the case may be struck out anyway as he was not given the chance for an adult caution etc. Is this the case? Is an adult caution for taking a newspaper the same as an assault, you just charge them for what they do the second time?

She also said that this case is separate complete from the harassment and any life threats to me or harassing of her etc would not be allowed heard in that case, but it is not like he would be gotten off Scott-free? I would just like some clarification on what might happen in both cases, I really don't feel he should get off for this completely with what he has done, especially with her. Would something like the harassment go to court? I know nothing of what they are doing in that case apart from they gathered evidence. Would my assault come into that one if that one came to court or would both just end in him having an adult caution? I have no idea if the other thing he has done would go to court and why they are not taken together.

heffomike54

I didn't think you would be eligible for the adult caution scheme in, what sounds like a serious assault case, but I could be wrong. The adult caution is basically a slap on the wrist, don't do it again. There is two sides to it though as it saves the victim having to go to court too as the suspect has to admit their guilty to get the caution. The Garda maybe right in the case being struck out in court, but that could happen with any case.

If your unsure, maybe contacting a solicitor would be the best course of action.

MagicSean

Adult Caution is only available for a section 2 assault. It is not available for harassment. A case for harassment will have to go to court. The judge will require a very good reason for a caution not being applied if the defendant was eligible as in your assault and may order it done in any case. A caution is basically a slap on the wrist. But you only get one in your lifetime.

Reloc8

heffomike54 wrote: »

I didn't think you would be eligible for the adult caution scheme in, what sounds like a serious assault case, but I could be wrong. The adult caution is basically a slap on the wrist, don't do it again. There is two sides to it though as it saves the victim having to go to court too as the suspect has to admit their guilty to get the caution. The Garda maybe right in the case being struck out in court, but that could happen with any case.

If your unsure, maybe contacting a solicitor would be the best course of action.

The OP is not charged with anything he was assaulted. The Garda contacted him to enquire of his view on whether he would seriously object to an adult caution.

OP - its up to you. The answer to the question is either yes or no and only you know how you feel about it. If you want the case in court say no. Otherwise say yes.

You do not need a solicitor.

heffomike54

Reloc8 wrote: »

The OP is not charged with anything he was assaulted. The Garda contacted him to enquire of his view on whether he would seriously object to an adult caution.

OP - its up to you. The answer to the question is either yes or no and only you know how you feel about it. If you want the case in court say no. Otherwise say yes.

You do not need a solicitor.

I know the OP has not been charged with anything, he is the victim. The adult caution can only be applied if the victim agrees to it also. Its used most often in Public Order cases, as most of the time their is no victim to consider. I suggested the OP contact a solicitor as the OP can explain everything in detail to them and get their professional opinion towards both cases and the full workings of the adult caution scheme.:)

Reloc8

I suggest that would be a total waste of his time and money in circumstances where a solicitor can not tell him how he would or should feel about someone being given an adult caution for assaulting etc. him.

You started off with 'I don't think you would be eligible for the adult caution scheme' hence my belief of you advising on the basis that he was under consideration for it.

And no there are no implications for any civil case being taken should a caution be administered. In fact on the basis that the suspect must accept guilt to receive a caution if anything such a case is bolstered.

detective

heffomike54 wrote: »

The adult caution can only be applied if the victim agrees to it also.

Incorrect. The views of the victim are merely taken into consideration.

nippy

My 20yr old daughter was assaulted by a 19 yr old youth a few months ago, totally unprovoked. He kicked her in the head a few of times while she was on the ground. She spent two days in hospital with concussion. There has also been some intimidation tactics used by this boy's family since the assault.
The Gardai now have called recommending he get an Adult Caution, as it's his first offense and it would also save my daughter the ordeal of going to court.
We've expressed our objections to this but the Caution can still take place even after our protests.
This seems a ludicrous punishment for such an offense.
If the Adult Caution does go ahead can we then take a civil case against the youth? Any advice would be greatly appreciated as this is all new to us.

FreudianSlippers

nippy wrote: »

My 20yr old daughter was assaulted by a 19 yr old youth a few months ago, totally unprovoked. He kicked her in the head a few of times while she was on the ground. She spent two days in hospital with concussion. There has also been some intimidation tactics used by this boy's family since the assault.
The Gardai now have called recommending he get an Adult Caution, as it's his first offense and it would also save my daughter the ordeal of going to court.
We've expressed our objections to this but the Caution can still take place even after our protests.
This seems a ludicrous punishment for such an offense.
If the Adult Caution does go ahead can we then take a civil case against the youth? Any advice would be greatly appreciated as this is all new to us.

You need to see a solicitor regarding this - we cannot give legal advice in this forum.

Sorry.

Sempai

k_mac wrote: »

Adult Caution is only available for a section 2 assault. ........But you only get one in your lifetime.

k_mac is right about the section 2 assault, and yours sounds more like a section 3 assault - causing harm. As for the adult caution, a person can receive a second caution, but only in exceptional circumstances and with consent of the DPP. If the offender is cautioned and if he appeared in court again, it can be brought to the judges attention that he was cautioned under the scheme previously.

Irelandlass1

Does your name be mentioned in the local newspaper if your only issused with an adult caution and are not taken to court??

MagicSean

Irelandlass1 wrote: »

Does your name be mentioned in the local newspaper if your only issused with an adult caution and are not taken to court??

No. Unless some reporter decides to do a story on the case that is. But the case itself would not be mentioned in court so they would have to have inside knowledge of it.

Irelander

Hi there!
Yesterday I get a adult caution and I would like to know if will I have problems for get a job?
And can I work and live in America or Australia?
The adult caution expire?
thanks a million, I'm really worried.

NoQuarter

Irelander wrote: »

Hi there!
Yesterday I get a adult caution and I would like to know if will I have problems for get a job?
And can I work and live in America or Australia?
The adult caution expire?
thanks a million, I'm really worried.

Nothing to be worried about, dont mention it when getting a job or when travelling unless the form specifically asks if you were arrested or ask whether you have ever gotten a caution. Otherwise, no need to mention it.

Irelander

thanks... but when you travel to America don;t ask for if you were arrested??
The garda told that with the adult caution I can travel to America but I have scare, if someone ask if I were arrested I have to said yes?
And the adult caution expire?
tham you again!

Irelander

thanks... but when you travel to America don;t ask for if you were arrested??
The garda told me that with the adult caution I can travel to America but I have scare, if someone ask if I were arrested I have to said yes?
And the adult caution expire?
tham you again!

NoQuarter

Well, obviously, if you are asked if you were ever arrested, the answer is of course yes. It's then up to yourself whether to declare it or not but you have no previous convictions so if it only asks for that, then say nothing.

Not sure about an expiry, I dont think it does expire but you should find the answer to that on google or citizens information website maybe.

Irelander

tank you again! I saw the webside and there isn't nothing about expire! I would to know that because in other countries expire in 5 years.
I don't know.. if you can help me to know that...
Thanks a million!

Irelander

tank you again! I saw the webside and there isn't nothing about expire! I would to know that because in other countries expire in 5 years.
I don't know.. if you can help me to know that...
Thanks a million!

Irelander

HI! I need to know if I can work and live in america? and if i cam work here without problems??

MagicSean

Doesn't expire.

chops018

Irelander wrote: »

HI! I need to know if I can work and live in america? and if i cam work here without problems??

Will you relax! It's just a caution/warning/slap on the wrist! You have no convictions as a result from this, nothing went to court, you have no criminal record and were just given a warning, it will not be included on any Garda Vetting forms and doesn't restrict you from going to America to work or any other country to work.

Irelander

thank you! because I can't sleep! I would like to work in Ireland and I don't want problems for get a job.
In the company ask you if you have a adult caution?
And thank you for told me that I can to work and live in other countries.
Here no expire!

chops018

Irelander wrote: »

thank you! because I can't sleep! I would like to work in Ireland and I don't want problems for get a job.
In the company ask you if you have a adult caution?
And thank you for told me that I can to work and live in other countries.
Here no expire!

No company will ask did you ever get an adult caution, because it is meaningless with regard criminality etc. it is a warning, a kind of "don't do this again or we will charge you, you weren't charged with anything. Don't worry. If your worrying persists go back to the Garda Station that issued it and get them to explain everything to you and tell them your worries, they will clarify it all and they won't mind.

Irelander

ok! but maybe the company ask if I were arrested... and I have to say yes? because I think taht the company to know if I ave a adult caution.. an then.. the adult cution is only here?
thanks!

chops018

Irelander wrote: »

ok! but maybe the company ask if I were arrested... and I have to say yes? because I think taht the company to know if I ave a adult caution.. an then.. the adult cution is only here?
thanks!

Well say yes if you want, but if I were you I wouldn't. It may come up if they check with the Guards but I doubt it as an adult caution is only put in the Garda pulse system, which only Guards can access, and they never reveal anything from it (usually anyway). The only way I could see it affecting you was if you were going to try and join the Guards, then it might pop up again, and even if it did it should not be a huge problem. As I said, you weren't convicted or charged so stop your worrying.

Irelander

Thank you! So I won't have problems for get a job here and in others countries and I will can work and live.. and travell in America ..
If the company ask if I were arrested I'll say no because they can't see the adult cution because is only the gard computer!
Thank for all!!

MagicSean

chops018 wrote: »

Well say yes if you want, but if I were you I wouldn't. It may come up if they check with the Guards but I doubt it as an adult caution is only put in the Garda pulse system, which only Guards can access, and they never reveal anything from it (usually anyway). The only way I could see it affecting you was if you were going to try and join the Guards, then it might pop up again, and even if it did it should not be a huge problem. As I said, you weren't convicted or charged so stop your worrying.

Irelander wrote: »

Thank you! So I won't have problems for get a job here and in others countries and I will can work and live.. and travell in America ..
If the company ask if I were arrested I'll say no because they can't see the adult cution because is only the gard computer!
Thank for all!!

This is why advice isn't allowed. That posters advice could land you in a prison in the United States if you lie on your immigration papers.

chops018

MagicSean wrote: »

This is why advice isn't allowed. That posters advice could land you in a prison in the United States if you lie on your immigration papers.

The guy will be fine, an adult caution is next to nothing. It shouldn't affect him getting into America and working, albeit I'll agree he probably shouldn't lie on such forms, so I regret saying that and MOD can delete the comment and then the comment by MagicSean which quoted my comment incase they don't want anyone to see it in the future. But usually they ask you if you have any convictions to which he doesn't and so he can say no, and all should be fine from there.

Irelander

For enter in America they ask if you have been arrested or convictions for drugs or other things... no for this!
The garda said that I don't have problem for enter in America... and the other people said the same anda I can work.
I only said no if I were arrested if is for a work because I think that tehy can't see the adult caution.

chops018

Irelander wrote: »

For enter in America they ask if you have been arrested or convictions for drugs or other things... no for this!
The garda said that I don't have problem for enter in America... and the other people said the same anda I can work.
I only said no if I were arrested if is for a work because I think that tehy can't see the adult caution.

Well as MagicSean said above we can't give advice here, so that is up to you on what you put down on forms. You shouldn't take any of the above as advice as we could be anybody from Solicitors to Petrol Station workers, so try take the above with a pinch of salt, but as the Guard said you will have no problem getting into America and working then I can't see a problem, he should know, and as I said above if you do keep worrying then pop down to the Garda Station with all these questions and they should answer you.

Irelander

ok! thankmyou! I don't know what I do but I can't sleep well.

chops018

Irelander wrote: »

ok! thankmyou! I don't know what I do but I can't sleep well.

Try not to worry about it, as I keep saying: you weren't convicted or charged with anything, and that is the main thing to be worrying about. But that didn't happen so try to relax and forget about it, it was a mistake and you got warned. The best thing to do would be to call into the Garda Station and ask them all these questions, then tell them your worries and they will tell you everything you need to know.

Irelander

thank you very much for your help! Do you know someone with the same problem like me?

chops018

Irelander wrote: »

thank you very much for your help! Do you know someone with the same problem like me?

I do not know anyone in such a situation which is why I must say none of what I have said is legal advice. But I have read up on this before, see this link for some info:

http://www.citizensinformation.ie/en/justice/law_enforcement/adult_cautioning_scheme.html

And there is numerous threads on here about it which you can read up on that gives some good info about it.

Irelander

Thanks, I would like to know someone with the same problem like me!