It would appear to be a straight forward case of criminal damage,but given the circumstances you have my sympathy.
If you're a BASC member contact their legal department for sound advice.
You are a criminal now so don’t have to worry about anything, get yourself a 9mm lol
Stupid isn’t it.
It would appear to be a straight forward case of criminal damage,but given the circumstances you have my sympathy.
If you're a BASC member contact their legal department for sound advice.
I was blocked into my own drive once, so I called Plod and they said they couldn't actually move it (can't remember why now - a few years back) so if they can't smash windows then for sure we can't ( I bloody felt like it). Unless some kind of emergency, of course.
They did however knock on some some doors in the road and found the inconsiderate owner and told him a slight porky that he would be towed away if he didn't move it. It never happened again, luckily.
English law, so maybe slightly different.
I noted that you accepted the caution. Not always a good move that, but we do things like that when under pressure and emotional.
Section 5 paragraph 2 is the part that will save the day. As long as OP "honestly" believed his action was the right course of action and that the presence of a dropped kerb indicated he had a right to use that route to access his driveway. Doesn't matter if he was wrong, as long as he can stand in court and say he honestly believed he was right at the time. "For the purposes of this section it is immaterial whether a belief is justified or not if it is honestly held."
A car parked across our drive when I was a kid, when we had a delivery of cement due. Police TOLD us to break the smallest window, release the handbrake and push it out of the way.
A car parked completely blocking the pavement on a busy road 200 yards from a high school at kicking out time. A "troublecauser" walked right over the top of the car, then stood encouraging schoolkids to do the same as an alternative to walking in the busy road. He was eventually arrested after about a hundred kids had stomped across the roof of the car but he was not charged.
Shouldn't ever accept a caution from the police, shouldn't have anything to do with them to them at all, it never ends well.
Yes! Scottish law IS different. Apart from anything else, there is no such thing as a Caution under Scottish law and the broadly equivalent Adult Formal Warning can only be given and accepted in writing! I know you all mean well, but please, please everyone stop guessing and in particular stop giving advice you are simply not qualified to give. The only advice I AM qualified to give is, Shocker, speak to BASC or whatever association you belong to and/or to a lawyer.
Again, good luck.
Alan
Why BASC? The airgun licence is the secondary issue here. It's his defence against criminal damage that is the primary issue.
He needs a criminal defence solicitor, not someone from the pigeon and pest club. You wouldn't phone the milkman if your house caught fire, would you?
Let BASC know what is going on once the primary issue is resolved.
Good deals with these members
I feel for you.
The wheels of justice turn slowly.
I would not at this time accept a caution.
I would pay to have the window replaced. Pay the window company getting the receipt with the registration number on.
Hope it all goes well.
Repariere nicht, was nicht kaputtist.