Hello my name is ***** ***** I will help you with this.
Just so I am clear, who smashed your car window?
Ok and you want this guy charged?
Your son did not do it?
Now I am confused. Have 2 windows been smashed?
Yours and someone else's?
How old is your son?
Is there any proof he smashed the window?
He did it as in your son?
Does he have any previous?
Ok. What is the cost of a windscreeen?
I am here, but may be on a different screen.
You want to know what will happen next I assume?
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
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
So the Police can either caution or charge,
Clearly he is better having a charge because it does not count as a conviction
If it is a caution then it is spent when it is paid off (if conditional) or immediate if it is a simple caution
If it goes to Court then it would remain on his record for a year if he is fined.
Can I clarify anything for you about this today please?
Depends on what type of CRB he has and what penalty he gets.
He can ask for a Solicitor if he is to be interviewed.
Let me get it here the criteria
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
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
It becomes spent so if has a Disclosure Scotland basic check then it wont show, as that is only live matters
Therefore if he has a DBS check and a caution or conviction it WILL show up.
Does that clarify?
Spent as in expired. So for a caution its spent once administered. For a Court fine its 1 year
They may do or he may be dealt with to. But provocation is not a defence.
Only to murder!
Yes indeed they do.
Can I clarify anything else for you?
Thank you. I can't say whether he would be charged as there is improper action on both sides.
Does this help?
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