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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received a CRB check with a caution for 'attempt/burglary

Resolved Question:

I have received a CRB check with a caution for 'attempt/burglary (with intent to commit offence triable only on idictment - other than in dwelling).
I dont remember this and im not sure what the offence actually is. Any help appreciated.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : Have you ever been arrested by the police?
Alex Watts : what date was the caution please?
Customer:

I have been subsequent to this offence, but this was my first offence. The date was 1998.

Customer:

What is the offence?

Customer:

?

Alex Watts : Ok. Does it list the police force involved?
Customer:

Surrey police - which would fit in terms of where I live

Alex Watts : Ok. You need to write to the Police force under the Data Protection Act and ask details. They should provide this.
Alex Watts : Generally with a caution you are arrested and in order to receive a caution you have to admit the offence before the caution is formally administered
Customer:

Ok - do you know what the offence is?

Alex Watts : Yes you ahbe attempted to break into a property
Alex Watts : But you can appeal the information as I assume this is a DBS check, ex crb
Alex Watts : You need to fill out a dispute form and send it back
Customer:

It says other than dwelling? What does that mean?

Alex Watts : This form can be found here
Alex Watts : Other than dwelling means commercial
Alex Watts : Ie non residential
Alex Watts : https://www.gov.uk/government/publications/dbs-certificate-disputes-and-fingerprint-consent-forms-and-guidance-af14-af15
Customer:

So it means I have tried to break into a building that is not someone home?

Alex Watts : You send the form to DBS Disputes, Customer Services, FREEPOST RTHU-TRJY-KSHY, PO Box 165 , Liverpool , L69 3JD
Alex Watts : Not actually tried but attempted. An attempt is more than mere planning.
Alex Watts : They will investigate the matter.
Alex Watts : information please see
Alex Watts : https://www.gov.uk/disclosure-barring-service-check/appeals-and-disputeS
Alex Watts : Can I clairfy anything about this today please?
Customer:

Yes - im still not sure on the offence - it means that i physically attempted to break into a non residental property with the intent to steal? Is this correct?

Alex Watts : you attempted to yes.
Alex Watts : If you can't remember then you can appeal using the above information
Customer:

last question - does the offence means that i intended to steal or that i attempted to break in an the intent to commit an offence could only be established if i went to trial?

Customer:

I am trying to be very particular as i will need to explain this to my employer - i will be appealing but i need to know how serious this is

Alex Watts : But It didn't go to trial. That is the whole point.
Alex Watts : The full definition can be found here
Alex Watts : http://www.cps.gov.uk/legal/s_to_u/theft_act_offences/
Customer:

' i attempted to break in and the intent to commit an offence could only be established if i went to trial' is this correct?

Alex Watts : proof that the defendant entered any building or part of building as a trespasser. There must also be an additional element concerning the intention or the actions of the de
Alex Watts : Section 9 of the 1968 Act creates two offences that both require proof that the defendant entered any building or part of building as a trespasser. There must also be an additional element concerning the intention or the actions of the defendant whilst in the building or part of.
Customer:

so they are saying that i intended to steal

Alex Watts : Does that help?
Alex Watts : Yes or cause damage
Customer:

ok - i think i get it. I attempted to break in and either steal or cause damage.

Alex Watts : Yes..
Alex Watts : Can I clairfy anything else ?
Customer:

Thank you - thats it - thanks

Ash and other Law Specialists are ready to help you