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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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my 20 yo son has just acceped a community resolution for criminal

Resolved Question:

my 20 yo son has just acceped a community resolution for criminal damage breaking a window on a private property, can he change his mind? What do we have to do?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

I was arrested last night, on the charge of criminal damages to a private house (a small window pane was broken), held overnight. In the morning I consulted with a solicitor who informed me that the victim had agreed to something called "Community Resolution". I was told we could settle it this way, and that doing so did NOT count as a criminal conviction, so would not have to be declared on job applications etc. I was then questioned, during which I admitted to having broken the glass, though unintentionally due to a skirmish. I agreed to the Community Resolution, signed a form saying that I would comply, and was then fingerprinted, photographed and had DNA taken.

Upon arriving home, however, I see that a Community Resolution Disposal CAN be disclosed during a CRB check, and that I am apparently NOT supposed to have been cautioned or questioned in the manner that I was.

Expert:  Jo C. replied 2 years ago.
Thanks.
You could refuse to comply with the requirements of a community resolution and then it would be revisited but that is not a good idea here because they will just charge you and send you to court. Since you have admitted the offence you would have to plead guilty and then you would have a conviction.
A community resolution is not a criminal conviction but it does still show on PNC and therefore on enhanced level DBS checks.
I'm very sorry but thats the reality. You have admitted the offence so its either this or a conviction.
Can I clarify anything for you?
Jo
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