Have i been given a police caution ?

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Dan1077
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Il try to keep it short, i was visiting a friend at university in Scotland this weekend and went to the student union for a night out. during the night i got separated from my friends and went to the bar to find them , i couldn't see them so i just decided to order a drink ( i was already drunk but was not too bad) i had ordered a jager bomb , the bar maid was nice and i had no problem with her at all . she gave me my drink and started serving the girls next to me. she left the energy drink out next to my glass which i then just topped up with and i went to shot the drink. the drink went down the wrong way and i ended up spraying the drink out of my mouth and towards the bar , it took me a few seconds to realize what happened as she stood there shocked , i then imidedly apologized and asked her if she was okay but was then whisked off by the bouncers before i got a response.

I was put in the office with the bouncers and told i had spat at the staff member and they have witnesses that have conform that i spat at her , being drunk i just kept apologizing and said im sorry but the bouncers had made there mind up that i was guilty until proven inacent . it ended up with the police getting called out asking me briefly what had happened before leaving again. they came back and watched the cctv , i was at the far end of the bar and you can only just about make my clothing out so the cctv i dont think proved anything. the bouncers where just being ruder and called me disgusting while the police went to speak to the girl. anyway the police came back said they had witnesses and said i was under caution for assault anything i do say bla bla bla , do i understand , " yes" is there anything you want to say " just apologized again" my picture was taken by the club and told never to come back again. then i got told to follow the police at this point i thought i was going to the cells for the night as i started walking to the police car they just said what was i doing , and told me just to go home.

I have no idea what happend , i am really worried and scared never been in trouble with the police before , infact i join the special constabulary in November and i have a DBS for my current job and i volunteer with the cadets . i dont know if that will show up on my DBS , i was drunk , i did not sign for anything and did not get to defend myself . i was crapping myself the whole time thinking i have ruined my life because i coughed and some drink came out of mouth.

has anyone got any advice on weather i was cautioned or if this will show up on my dbs? Thank you!
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ofdro
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my picture was taken by the club and told never to come back again. then i got told to follow the police at this point i thought i was going to the cells for the night as i started walking to the police car they just said what was i doing , and told me just to go home.

Then no it doesn't seem like it'll end up on your record. :P
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CycloneChilli
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(Original post by Dan1077)
Il try to keep it short, i was visiting a friend at university in Scotland this weekend and went to the student union for a night out. during the night i got separated from my friends and went to the bar to find them , i couldn't see them so i just decided to order a drink ( i was already drunk but was not too bad) i had ordered a jager bomb , the bar maid was nice and i had no problem with her at all . she gave me my drink and started serving the girls next to me. she left the energy drink out next to my glass which i then just topped up with and i went to shot the drink. the drink went down the wrong way and i ended up spraying the drink out of my mouth and towards the bar , it took me a few seconds to realize what happened as she stood there shocked , i then imidedly apologized and asked her if she was okay but was then whisked off by the bouncers before i got a response.

I was put in the office with the bouncers and told i had spat at the staff member and they have witnesses that have conform that i spat at her , being drunk i just kept apologizing and said im sorry but the bouncers had made there mind up that i was guilty until proven inacent . it ended up with the police getting called out asking me briefly what had happened before leaving again. they came back and watched the cctv , i was at the far end of the bar and you can only just about make my clothing out so the cctv i dont think proved anything. the bouncers where just being ruder and called me disgusting while the police went to speak to the girl. anyway the police came back said they had witnesses and said i was under caution for assault anything i do say bla bla bla , do i understand , " yes" is there anything you want to say " just apologized again" my picture was taken by the club and told never to come back again. then i got told to follow the police at this point i thought i was going to the cells for the night as i started walking to the police car they just said what was i doing , and told me just to go home.

I have no idea what happend , i am really worried and scared never been in trouble with the police before , infact i join the special constabulary in November and i have a DBS for my current job and i volunteer with the cadets . i dont know if that will show up on my DBS , i was drunk , i did not sign for anything and did not get to defend myself . i was crapping myself the whole time thinking i have ruined my life because i coughed and some drink came out of mouth.

has anyone got any advice on weather i was cautioned or if this will show up on my dbs? Thank you!
There is a difference between a police caution and being cautioned:

-A police caution is a formal warning given by the police for a crime you committed. You admit guilt and the caution will appear on your criminal record.

-Being cautioned is a procedure undertaken by the police before they quiz you for information if they feel a crime has been committed. They essentially tell you that anything you say to them can be taken as evidence in court at a later stage - if the whole reaches court obviously.

From the sound of your story, you have been cautioned and this will not appear on a DBS check. The police have only collected information which they may use IF they want to pursue what happened. Sounds to me like the bouncers were just trying to scare you. Did the police take your name and address? If not, and if they didn't arrest you on the spot that night, it sounds like nothing will come out of this.
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Dan1077
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(Original post by ofdro)
my picture was taken by the club and told never to come back again. then i got told to follow the police at this point i thought i was going to the cells for the night as i started walking to the police car they just said what was i doing , and told me just to go home.

Then no it doesn't seem like it'll end up on your record. :P
Thank you ! i dont think it will either but they have all my details, it was when i was put under caution for assault that what makes me wonder
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Dan1077
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(Original post by CycloneChilli)
There is a difference between a police caution and being cautioned:

-A police caution is a formal warning given by the police for a crime you committed. You admit guilt and the caution will appear on your criminal record.

-Being cautioned is a procedure undertaken by the police before they quiz you for information if they feel a crime has been committed. They essentially tell you that anything you say to them can be taken as evidence in court at a later stage - if the whole reaches court obviously.

From the sound of your story, you have been cautioned and this will not appear on a DBS check. The police have only collected information which they may use IF they want to pursue what happened. Sounds to me like the bouncers were just trying to scare you. Did the police take your name and address? If not, and if they didn't arrest you on the spot that night, it sounds like nothing will come out of this.
Thank you , my friends think the same that the bouncers where just being over the top . they had my drivers license with my address and name : /
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CycloneChilli
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(Original post by Dan1077)
Thank you , my friends think the same that the bouncers where just being over the top . they had my drivers license with my address and name : /
Ah, if they've got your details that increases the chance of them pursuing it, but only in the sense that they could contact you IF they wanted to. It's standard procedure for the police to ask for ID if they're going to interview you under caution, as they did. If they thought you had committed assault and were dangerous, they would have arrested you then and there, on the spot. They wouldn't just let you go like that!!

I am in no way a legal expert, but if the police tried to charge you for assault for spitting, they would need to prove that it was a deliberate act. SOURCE: https://www.askthe.police.uk/content/Q145.htm The fact that this happened after you downed the drink really suggests it was an accident.

The key thing to take from this is the point I've put in bold above: the fact that the police didn't arrest you at the time means they're very unlikely to contact you again. Think of all the stuff that goes on in clubs every weekend: people beating each other up, glassing each other - now that's assault. Accidentally spraying your drink over the bartender would normally lead to you being kicked out, but charged for assault? Really??

I know what it's like to worry about these things - the problem is there's absolutely nothing you can do about it now. The police are probably not going to send a letter through the door: they only do that for motoring offences etc. Saying it again: they would have arrested you that night. Sounds like you've been given a jolly good scare by some over-the-top bouncers, and that's the end of it.
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Dan1077
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(Original post by CycloneChilli)
Ah, if they've got your details that increases the chance of them pursuing it, but only in the sense that they could contact you IF they wanted to. It's standard procedure for the police to ask for ID if they're going to interview you under caution, as they did. If they thought you had committed assault and were dangerous, they would have arrested you then and there, on the spot. They wouldn't just let you go like that!!

I am in no way a legal expert, but if the police tried to charge you for assault for spitting, they would need to prove that it was a deliberate act. SOURCE: https://www.askthe.police.uk/content/Q145.htm The fact that this happened after you downed the drink really suggests it was an accident.

The key thing to take from this is the point I've put in bold above: the fact that the police didn't arrest you at the time means they're very unlikely to contact you again. Think of all the stuff that goes on in clubs every weekend: people beating each other up, glassing each other - now that's assault. Accidentally spraying your drink over the bartender would normally lead to you being kicked out, but charged for assault? Really??

I know what it's like to worry about these things - the problem is there's absolutely nothing you can do about it now. The police are probably not going to send a letter through the door: they only do that for motoring offences etc. Saying it again: they would have arrested you that night. Sounds like you've been given a jolly good scare by some over-the-top bouncers, and that's the end of it.
I see what you mean , i thought the same thing out of everything that happens in a club for me to be charged for assault would have been over the top just for that! i really hope so , il have to wait and see what my DBS comes back with but if its on there i will fight it .But im hopeing i was just given a slap on the wrist . when ever i see a bouncer they always seam to be on some power trip -.- Thank you for your help really appreciate it !
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Talon
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As far as I'm aware, police can't give you an official caution while you are drunk. You must be capable of understanding what it means and be able to decline it, which which case the police have the option of dropping the matter or referring it to the CPS. As you were drunk and let go on the night, you weren't given a caution.
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Dan1077
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just to finish of the topic it turned out i was cautioned that night and it was referred to the procurator fiscal (CPS for Scotland) and i had to get myself a lawyer. it was a stupid case as they had to prove it was deliberate when it was only an accident , the 2 statements did not match up with each other and the cctv evidence was destroyed before i could view it ( they said i ran away from the bar , i was actually pulled away by the bouncers) little inconsistencies everywhere.

This happened in September 2018 and i had a court date in May 2019. the result was it was thrown out a day before the court date. 8 months of worrying , stress, depression and essential putting my life on hold for nothing. plus the total cost of travel and legal fees of £2000. Thanks for all your help people!
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