The decision to charge an individual with a criminal offence is based on a two-fold test. The first stage of the test involves an assessment of the strength of the evidence in the case. If there is sufficient evidence, the police must go on to consider whether a charge would be in the public interest. At this stage consideration will be given to whether the matter can be appropriately dealt with by way of an out of court disposal. In determining whether an out of court disposal is an appropriate alternative to charge the police will consider the nature of the offence, its seriousness, the impact upon the victim, and other factors such as whether the individual has any antecedents.
Vardags are experienced at putting forward timely and robust representations against charge, including, where appropriate, persuading officers towards an alternative means of disposal such as a caution. There are however important considerations which must be borne in mind before accepting a caution. Firstly, to become eligible for a caution an individual must provide a clear admission of guilt to a criminal offence. Furthermore, whilst a caution avoids the risk of a conviction, it is recorded on the police national computer and may in certain circumstances be disclosed to employers. Therefore it is essential that a person obtains legal advice to guide them through the stages of the investigation and understand the best course of action as the investigation unfolds.
Vardags Limited is a limited company trading as Vardags, Company No 7199468, registered in England and Wales, having its registered office at 10 Old Bailey, London EC4M 7NG. Vardags is authorised and regulated by the Solicitors Regulation Authority (SRA Number 535955). Its VAT number is 99 001 7230.
Vardags uses the term ‘Partner’ as a professional title only, to describe a Senior Solicitor, Employee or Consultant with relevant experience, expertise and qualifications (whether legally qualified or otherwise) to merit the title. Our Partners are not partners in the legal sense. They are not liable for the debts, liabilities or obligations of Vardags Limited. Similarly, the term ’Director’ is a professional title only, to describe a non-legally qualified employee or consultant of Vardags with relevant experience, expertise and qualifications to merit the title. It does not necessarily imply that the relevant individual is a director of Vardags Limited.
A list of the directors of Vardags Limited and a list of the names of those using the title of ’Director’ and ’Partner’ together with their official status is available for inspection at Vardags’ registered office.