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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My son got a caution when he was 16 of penetration of girl

Customer Question

My son got a caution when he was 16 of penetration of girl of 15, 1 month off her 16th bday. He was told it would disappear at 18 but is on his crb check. Is there anyway this can b removed?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

What level of checking is he facing please?
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

How old is your son now?


Customer: replied 3 years ago.

for jomo1972


He is 20 now it happened in july 2009

Expert:  Jo C. replied 3 years ago.
Thanks

So what level of checking is he facing?
Customer: replied 3 years ago.

For jomo1972


crb checks for work placements positions durin his 3rd year at university

Expert:  Jo C. replied 3 years ago.
Ok.

So what level?
Customer: replied 3 years ago.

for jomo 1972


It was for coachin in schools so believe enhanced crb

Expert:  Jo C. replied 3 years ago.
Thanks

Yes, it would be enhanced checking.

I am sorry but its bad news. A caution drops off basic checking immediately. It will always show on standard or enhanced unless the law changes which might happen. This type of recording has been increasingly attacked as half the country are acted by it at the moment.

There is also a bill going through parliament at the moment to remove cautions in limited circumstances. Unfortunately it won't assist him though because sexual offences are specifically excluded. Its not law yet but it looks as though they will remove cautions that are more than 11 years old and single incidents. At the moment they have excluded sexual offences. I do think that is likely to change in years to come and the rules will weaken but it hasn't happened yet.

I'm very sorry but thats your position.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

for jomo1972


Thank you for your help

Expert:  Jo C. replied 3 years ago.
No problem.

Just to add that he can ask DBS to remove the caution but its discretionary not mandatory.
Customer: replied 3 years ago.

for jomo1972


Oh right! who is dbs?

Expert:  Jo C. replied 3 years ago.
Disclosure and barring service.

In practice, not much is removed from CRB but there is an appeals procedure.

I also think it will lighten up in due course as the cost is too high for the UK workforce at the moment.

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