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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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I was 11 when I was taken to a police station for pushing a

Customer Question

I was 11 when I was taken to a police station for pushing a school boy. (I remember this vaguely). 13 years later I have received a Enhanced CRB check and it states I was reprimanded for Assault Occasioning Actual Bodily Harm. Firstly; the charges were dropped. Secondly; I wasn't aware that I had a reprimand!

The question is; Should this be on my criminal record especially considering I was 11 at the time? and Can I get this removed?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

On what basis do you wish to get this removed please?
Customer: replied 2 years ago.

Hi Jo


Thanks, I was 11 at the time, I have had no arrests or any dealings with the police since.

Customer: replied 2 years ago.

Hi Jo


I think this will paint a better picture:


 


I have recently received an Enhanced Certificate from my DBS check. Within this it contained a reprimand on 06th February 2002. This was from before adolescence at 11 Years old; it has been placed on my record as Assault Occasioning Actual Bodily Harm. After discussing this matter with the DBS I have been asked to write this letter, so that you may be so kind as to remove this from my record.


Without a doubt I am deeply regretful and remorseful of any actions that occurred at the time however I sincerely do not believe that it was Actual Bodily Harm especially considering I was only eleven years old at the time. I did not know right from wrong at that age. Twelve years have passed since this incident and I have no previous convictions / cautions and no relevant /recent convictions / cautions of any sort whatsoever, other than this one isolated incident to date and I plead with you that this be removed.


I am currently studying for my degree and I am frightened that this may impede me in both my career and education. I have recently disclosed this information to the University and I may not be able to continue studying without major problems and obstacles from both the University and my place of work unless this is removed from my record or placed as a Common Assault and as a result not disclosed in any DBS checks. If you have any queries whatsoever please contact me on 075333 80658.

Expert:  Jo C. replied 2 years ago.
How old are you now?
Customer: replied 2 years ago.

Im 23, Going to be 24 in April (DOB:19/04/1990)

Expert:  Jo C. replied 2 years ago.
Thanks.

I just need 10 mins to look at whether or not an ABH is exempted from the new rules.
Customer: replied 2 years ago.
The thing is: can it be classed as abh i was 11 and i think it should have been recorded as something else Not abh. Abh is not exempt i have checked that! Thats why i have looked to you.
Expert:  Jo C. replied 2 years ago.
Thanks.

I checked it. ABH is an exempted offence so is not automatically filtered under the new rules. Sadly that will mean it is disclosable for life.

You can still make an application to DBS to remove this essentially on the basis that it has no relevance. They do entertain them more than they used to under the old CRB procedure.

I'm afraid that this offence cannot be amended now to common assault.

Its rather unfortunate because 13 years ago common assault was not arrestable which is why they picked you up for ABH. Had it been a few years later the caution probably would have been for common assault and so eligible for filtering.

If you think that the entry is wrong then you can always apply for its amended under the Data Protection Act and complain to the Information Commissioner if they will not do so. The Chief Constable is the data controller within the meaning of the DPA and has obligations to keep records correctly.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.

Hi Jo


 


So should this still be on my record even though the charges were dropped?

Expert:  Jo C. replied 2 years ago.
The fact of the allegation will show on enhanced checking. It will not show on other forms of checking
Customer: replied 2 years ago.

You mentioned:


You can still make an application to DBS to remove this essentially on the basis that it has no relevance. They do entertain them more than they used to under the old CRB procedure.


 


will they be able to remove it, solely on this basis or should I include all other details. How could I say it has no relevance? (Sorry I'm a dimwit on these things) Is it because it is a reprimand?

Expert:  Jo C. replied 2 years ago.
You have to satisfy them that it has no relevance to whatever application you are making.

The truth is that most applications are refused but they are allowed much more than they ever used to be.

In this case the points you could make are that it was when you were very young, it was an isolated incident a long time ago etc.
Customer: replied 2 years ago.

The position applied for is in a school? Is it against the law for me to work in a school with that on my record?

Expert:  Jo C. replied 2 years ago.
No, its not against the law but obviously you are working with vulnerable groups and your employers will be concerned.
Customer: replied 2 years ago.

I feel as though they should not have the record in the first place. should I fill out the form as:


 


a) Some or all of the information is not accurate as it is factually incorrect


b) Some or all of the information ought not to be disclosed.


 


Can they remove it from my record? (as the guy from DBS mentioned) or would it need to be 'filtered'?


 


I believe it is factually incorrect because of the legal code you mentioned earlier that they could only arrest as ABH at the time. The charges were also dropped! wouldn't that have any relevance or effect?


 


Are all of the reasons mentioned in the letter i copied earlier relevant and what are the chances of this record being removed please?

Expert:  Jo C. replied 2 years ago.
I do understand why you feel like that. However, its not a good point in law. They had to record it because an allegation was made to them. The fact that it was a nonsense allegation brought by childish people does not mean the police can fail to record it.

A] if there are errors then you can complete it in this way.

B] yes, but you have to say why.

They can remove it but if you are working in a school I would brace yourself to be refused.

The chances of removal are very low but they are higher than they used to be.

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