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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a police caution do I need to declare it to my empl

oyer
Submitted: 3 years ago.
Category: Law
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tdlawyer, Lawyer
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
replied 3 years ago.

tdlawyer :

Hello. Many thanks to your question. I name isXXXXX can assist you with this.

tdlawyer :

A caution is not a conviction, nor is it a criminal charge. Therefore, on the reading of your handbook, which relates only to criminal convictions or charges, it would not need to be disclosed.

tdlawyer :

You might take the view that you want to disclose it anyway, in which case that is fine, but it would not appear that there is an obligation to disclose.

Customer:

okay so I do not need to worry about this

tdlawyer :

Not from what you have said, I don't think you do, no.

tdlawyer :

Technically, a caution is an admission of offence, but it is neither a criminal charge nor is it a criminal conviction.

Customer:

So if they do a criminal checks not CRB will it come up

tdlawyer :

If they do a check other than the CRB, in other words with the police directly, then they might be able to access it but the only search they are ever likely to be entitled to do is a CRB check.

tdlawyer :

Or DBS check, as they are now known.

Customer:

It was an assault(by beating) but was given a simple caution, something I did and very embrassed about and I have no previous dealing with the law

tdlawyer :

How long ago was this? And how old are you?

Customer:

Few months ago

Customer:

42

tdlawyer :

I don't think you need to worry about this. Cautions us spent immediately for the purposes of the Rehabilitation of Offenders Act.

tdlawyer :

Unless they do an enhanced CRB check (which is very limited, such as to working with children) then this isn't going to show up.

Customer:

When I started it they called it a pre-screening would they of checked my criminal record

tdlawyer :

If this was a DBS check, then yes.

tdlawyer :

But this would not show up anyway.

Customer:

DBS check is for?

tdlawyer :

It's just the new name for CRB. It means Disclosure and Barring Service. The government like to change names of things every now and then.

Customer:

Does DBS check show up cautions

tdlawyer :

Not unless it's a conditional caution, then it's spent after 3 months anyway.

tdlawyer :

This is their website if you want to look for more information on them.

Customer:

So if they do a DBS check which I presumed they did it would not show

tdlawyer :

Correct - UNLESS it was an enhanced check, if you're going to work with children or vulnerable people.

tdlawyer :

These are not "run of the mill" usual searches though.

Customer:

No so employers working in a bank will only do DBS not an Enhanced DBS

Customer:

So will this caution only appear on an enhanced DBS

tdlawyer :

Correct.

tdlawyer :

Does this answer your question today please?

Customer:

So feeling very guilty and do not know if to disclose this

tdlawyer :

That's a personal decision for you ... but personally, I'm not sure I'd bother.

Customer:

So legally I do not need to declare this, oh by the way I am self employed at this place so would this employee handbook be applicable as the employement contract refers to this

tdlawyer :

Oh! No, not likely to be even relevant to you at all. If you're not employed then it's not for you.

Customer:

As I am an IT contractor at the bank, but I have a 6 monthly contract

tdlawyer :

Don't worry about this. It's not an employment situation it seems anyway.

Customer:

My terms of employment do not mention this at all, just managed to find it it the employee handbook, the employment contract talks about breach of rules and regulations applicable to the independent contractor

Customer:

Any conduct which could be held to be negligent or below Best industry practise

tdlawyer :

That's a different thing altogether. That's making sure you do your job properly.

Customer:

Contractor is found to be guilty of unprofessional conduct, including but limited to i) intimidating bullying or any behaviour which could be held to constitute harassment

tdlawyer :

I'm not sure what you're asking or telling me?

Customer:

Just checked DBS site and on a standard check cautions appear

Customer:

This will check for spent and unspent convictions, cautions, reprimands and final warnings, and will take about 2 weeks.

tdlawyer :

UNSPENT appear.

tdlawyer :

What makes you think you're going to be DBS checked now anyway after you've been there for some time?

Customer:

Just asking but does the employer have to tell you if they request a DBS

tdlawyer :

Yes, they do. You need to consent to it.

Customer:

okay so cautions will appear on DBS

tdlawyer :

I just looked at this and it does say it on their site, both spent and unspent, but since the law changed on this recently they go back only 2 years for cautions. I appreciate you're within that time though.

Customer:

So by having a police caution, I do not have a criminal charge or conviction

Customer:

So after 2 years the DBS will come back showing no cautions

tdlawyer :

Correct.

tdlawyer :

Yes, that's correct too.

Customer:

OKay so I do not need to declare anything and hopefully not worry about this anymore

tdlawyer :

I believe that's right too, yes, and whilst I understand why you might be concerned, I don't think you need to be.

Customer:

okay something foolish that I will regret the rest of my life but hopefully now you have rest assured me I can move on

Customer:

When does the new ruling come in for the DBS checks

Customer:

I mean the 2 yr this

Customer:

I mean the 2 yrs thing

tdlawyer :

It's already in force now.

Customer:

So why is thr Website not been updated

Customer:

I know the PNC will have it for 99 years but I was worried about the standard DBS check

tdlawyer :

I dont think they go into the detail you would expect - they're very much an "overview" but if you call their enquiry centre, they will confirm it for you.

tdlawyer :

Or you can look at other sites that give some info on the changes such as: http://arcdisclosure.org.uk/news/dbs-to-remove-old-and-minor-offences/

Customer:
Do you have any convictions, cautions, reprimands or final warnings that

are not "protected" as defined by the

Rehabilitation of Offenders Act

1974 (Exceptions) Order 1975 (as amended in 2013)
Customer:

What would I answer to this?

Customer:

Whats the difference between a criminal charge and caution then?

tdlawyer :

Yes, you would.

tdlawyer :

A criminal charge goes to court to result in an acquittal or a conviction. A caution disposes of it at the police station.

Customer:

WHat does it mean by not protected

tdlawyer :

The Order sets out when older and spent convictions need to be disclosed.

tdlawyer :

They dont protect the fact of the existence of a conviction, they protect the employer from being entitled to withhold disclosure. It's used for doctors, lawyers etc...

Customer:

okay

Customer:

Just been to the Website

Customer:

An adult caution will be removed after 6 years have elapsed since the date of the caution – and if it does not appear on the list of offences relevant to safeguarding.

Customer:

this says 6 yrs

Customer:

not 2 yrs

tdlawyer :

You're right, it is 6 years, I had meant to put that above. It's when you're under 18 it's 2 years.

Customer:

Just want to be sure about this question

Customer:

A caution is not a conviction, nor is it a criminal charge. Therefore, on the reading of your handbook, which relates only to criminal convictions or charges, it would not need to be disclosed.

tdlawyer :

Yes, spot on.

tdlawyer :

That's absolutely clear.

Customer:

Whats your background?

Customer:

Are you an employment Lawyer

tdlawyer :

I do a lot of employment related matters yes, but not exclusively.

Customer:

So if you go to court and get acquited do you still have a criminal charge

Ash, Solicitor
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

I see the expert has opted out.

If you go to Court and are acquitted then it is not a criminal charge.

Can I clarify anything for you about this today please?

Alex

Customer reply replied 3 years ago.

Do I need to disclose my caution in my employees handbook it says disclose the below



criminal charge and or convictions need to be disclosed.


Ash, Solicitor replied 3 years ago.
A caution is not a conviction.

Alex

Customer reply replied 3 years ago.

Do I need to declare a police caution , if my employers hand book says report criminal convictions/ and or criminal charges

Ash, Solicitor replied 3 years ago.
No.

A Police caution is a warning, not a conviction or criminal charge.

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
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Customer reply replied 3 years ago.

Police caution (assault by beating) section 39 will this come off CRB check in 6 years

Ash, Solicitor replied 3 years ago.
Yes.

Alex
Customer reply replied 3 years ago.

Do all Police cautions come off after 6 years. I work in a bank I cannot remember if they did a basic or standard crb check. If I move jobs and I work as an IT consultant in a bank will they request a basic crb or standard crb


 

Customer reply replied 3 years ago.

Do all Police cautions come off after 6 years. I work in a bank I cannot remember if they did a basic or standard crb check. If I move jobs and I work as an IT consultant in a bank will they request a basic crb or standard crb

Ash, Solicitor replied 3 years ago.
They become spent straight away.

Alex