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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I volunteered, not arrested, to answer questions about an allegation

Resolved Question:

I volunteered, not arrested, to answer questions about an allegation of Historic Abuse that was not corroborated and I was told the Police would not pursue the matter. Will this appear on my CRB?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question.

tdlawyer :

My name is***** can answer this for you.

Customer:

Have you read the question?

tdlawyer :

Yes, thank you, ***** ***** read the question. I was just preparing my response to you.

tdlawyer :

Whether any record of this will appear, will depend upon two things. Firstly, whether the CRB searche is a basic search, or an enhanced search.

tdlawyer :

If it is a basic search, it will only show formal convictions, the fact that you may previously been arrested and interviewed (with no further action being taken) will not be disclosed.

Customer:

an enhanced check

tdlawyer :

If it is an enhanced search, then it will show only if the police consider it relevant to the nature of the employment for which the search is being made.

Customer:

I was not arrested.

tdlawyer :

If the police were able to ascertain that there was no further case to answer, and was not something worthy of further investigation, then it is unlikely to be revealed at all. Each CRB check (enhanced) is considered by reference to this criteria. It is not simply a case of cutting and pasting from police files everything that is on your record.

tdlawyer :

The fact that you were not arrested is not strictly relevant to the enhanced search. The information provided can include anything on the police computer systems.

tdlawyer :

What you could do, if you wished, is to contact the police and ask for the details of what is contained on their computer system about this issue. You could even ask whether they are likely to disclose it should a formal request be made.

Customer:

OK thax.

tdlawyer :

However, if a disclosure is made, it would surely recalled the fact that this was a volunteer attendance at the police station, on your instigation, which itself says quite a lot.

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Expert:  tdlawyer replied 3 years ago.
However, if a disclosure is made, it would surely recalled the fact that this was a volunteer attendance at the police station, on your instigation, which itself says quite a lot
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