Must Appear before a Magistrates Court for benifit fraud

[antholmes]

Yes the police issued my caution, though I of course wasn't obliged to accept it.

 

If I'd refused they would have sent it to the CPS, who would have decided whether it is worth taking to the magistrates court.

 

Research after led me to believe the CPS probably wouldn't have continued with case as a magistrate may have well just given me a caution for it.

 

I'm not suggesting the police are involved in this case, I'm not just saying that magistrates do have the option of issuing cautions themselves. Don't hold me to that, it's just what research into my own matter led me to believe.

[antholmes]

Out of interest I have just been doing a search. This link seems to set out sentencing powers, it's number 62 in the list. From this it mentions nothing about a caution as a sentencing power, apologies if I raised your hopes incorrectly. From reading it I think the "good news" is sentence would be small fine and/or community service. It also states the fact that the money has been recovered has no impact whatsoever on the type of sentence that is imposed.

http://www.northants.police.uk/files/linked/WCU/Magistrate%20Sentencing%20Guidelines.pdf

[RHYS01]

Thanks for the links anthholmes, that document was most helpful, but does not mention conditional disscharge, do you think conditional disscharge is a possibility. I'm just not sure wheather to just plead guilty and take it on the chin, or spend money on a solicitor and fight it.

[antone]

I would strongly advise that you engage a solicitor whichever way you decide to plead. Indeed, a solicitor would be able to help you make that decision.

[RHYS01]

Just checking, but is it true if I plead guilty the sentence can be reduced by up to a third?