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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My car had a smashed back window when I got up in sat morning.

Customer Question

My car had a smashed back window when I got up in sat morning. My 21 year old had an argument with a guy the night before and he addmitted he had fond it by text to my son. In temper my elder son went to the house and smashed jus windscreen in protection of me. I didn't report my incident to the police but they have the boy in fairness did tell the police he had smashed mine. The police arrested my son and he has been released on police bail do you have any advice my son who smashed the window us training to be a radiologist and so has to have crb checks for his job. He had not admitted to the crime?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Just so I am clear, who smashed your car window?

JACUSTOMER-kuwkc1gi- : A guy who my son knows he lives in our village
Alex Watts :

Ok and you want this guy charged?

Alex Watts :

Your son did not do it?

JACUSTOMER-kuwkc1gi- : No my son retaliated and smashed the guys window
Alex Watts :

Now I am confused. Have 2 windows been smashed?

Alex Watts :

Yours and someone else's?

JACUSTOMER-kuwkc1gi- : Sorry yes mine first then my son retaliated and smashef the guys
Alex Watts :

How old is your son?

Alex Watts :

Is there any proof he smashed the window?

JACUSTOMER-kuwkc1gi- : 29
Alex Watts :

ok

JACUSTOMER-kuwkc1gi- : The owner has said he did it and also another person
Alex Watts :

He did it as in your son?

Alex Watts :

Does he have any previous?

JACUSTOMER-kuwkc1gi- : Yes and no previous except a caution when he was 14
Alex Watts :

Ok. What is the cost of a windscreeen?

JACUSTOMER-kuwkc1gi- : Not sure
JACUSTOMER-kuwkc1gi- : Why have you stepped out are you passing to someone else?
Alex Watts :

I am here, but may be on a different screen.

Alex Watts :

You want to know what will happen next I assume?

JACUSTOMER-kuwkc1gi- : Yes please
Alex Watts :

OK, well he may be offered a conditional caution. That is if he pays back the cost of the windscreen that would be an end to the matter

Alex Watts :

The Police are likely to deal with this matter as although he has not admitted it the man and someone else says he did which is enough to continue

Alex Watts :

So the Police can either caution or charge,

Alex Watts :

Clearly he is better having a charge because it does not count as a conviction

Alex Watts :

If it is a caution then it is spent when it is paid off (if conditional) or immediate if it is a simple caution

Alex Watts :

If it goes to Court then it would remain on his record for a year if he is fined.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-kuwkc1gi- : Though if he was charged it would stay on jus crb for 11 years?
Alex Watts :

Depends on what type of CRB he has and what penalty he gets.

JACUSTOMER-kuwkc1gi- : So what's the criteria
JACUSTOMER-kuwkc1gi- : Also will there be a solicitor present when he goes back to the police station ?
Alex Watts :

He can ask for a Solicitor if he is to be interviewed.

Alex Watts :

Let me get it here the criteria

Alex Watts :

  • standard check - details of an individual’s convictions, cautions, reprimands or warnings recorded on police central records and includes both ‘spent’ and ‘unspent’ convictions

Alex Watts :

  • enhanced check - the same details as a standard check, together with any information held locally by police forces that it is reasonably considered might be relevant to the post applied for

Alex Watts :

Filtering of Cautions


If the applicant was an adult (18+) at the time of offence, the caution will be elgible for filtering (removal from the DBS certificate) if:




  • It has been 6 or more years since the date of caution, and



Alex Watts :

Filtering of Convictions


If an applicant was an adult (18+) at the time of the offence, the conviction will be eligible for filtering (removal from the DBS certificate) if it meets the following requirements:




  • It has been 11 or more years since the date of conviction, and




  • the applicant has not committed any other offence, and




  • the conviction did not result in a custodial sentence, and



Alex Watts :

It becomes spent so if has a Disclosure Scotland basic check then it wont show, as that is only live matters

Alex Watts :

Therefore if he has a DBS check and a caution or conviction it WILL show up.

Alex Watts :

Does that clarify?

JACUSTOMER-kuwkc1gi- : What do you mean by spent?
Alex Watts :

Spent as in expired. So for a caution its spent once administered. For a Court fine its 1 year

JACUSTOMER-kuwkc1gi- : Also because the guy smashed our window could they just let it go as a silly anger thing ?
Alex Watts :

They may do or he may be dealt with to. But provocation is not a defence.

Alex Watts :

Only to murder!

JACUSTOMER-kuwkc1gi- : I realise that but do they sometimes look at things in this way as human beings also what evidence would they need
Alex Watts :

Yes indeed they do.

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-kuwkc1gi- : My youngest son was taken in as a witness he didn't want to say anything but the police threatened to put him in a cell for a long time and that he would also be charged if he didn't answer their questions
Alex Watts :

Thank you. I can't say whether he would be charged as there is improper action on both sides.

Alex Watts :

Does this help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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