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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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I was stopped by the Police in a red light district

Resolved Question:

Hello, I was stopped by the Police in a red light district a few years ago. I was not arrested or taken to a Police station. Does that mean I was not 'cautioned'? Thanks...
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
Hello was the phrase cautioned used at all?
Customer: replied 9 months ago.
I cannot remember. I was on my own so was not with any women.
Customer: replied 9 months ago.
Could it have been a caution outside a Police Station?
Customer: replied 9 months ago.
Hello, are you there?
Customer: replied 9 months ago.
Hello?
Customer: replied 9 months ago.
Hello, I have asked a question but have had no reply?
Customer: replied 9 months ago.
I am going to ask for a refund and give a Bad rating I'm afraid. I am getting no answer?
Expert:  Jo C. replied 9 months ago.
The reason you are experiencing delay is that you keep posting before I have responded.However, as you are displeased I will not be able to continue. All the best.
Customer: replied 9 months ago.
I'm sorry but have never used this before. Please can you answer my question?
Expert:  Jo C. replied 9 months ago.
Yes, I can if you are saying you want to carry on?What was the conversation with the officer?
Customer: replied 9 months ago.
I think he said about sending a letter to my employer and home if I did not admit why I was there. I was parked in the carpark on my own. My question is just whether he could have given me a caution in the carpark or he would have had to taken me to the station to caution me? My question is relating to the possibility of a crb check and not knowing if I was cautioned, would anything show up?
Customer: replied 9 months ago.
I don't know if I was cautioned or given a telling off?
Expert:  Jo C. replied 9 months ago.
Did you give him your name?
Customer: replied 9 months ago.
Yes. Could it be a caution if it was not at the Police Station?
Expert:  Jo C. replied 9 months ago.
They can sometimes administer street cautions but you would have had to admit the offence and usually to sign his notebook to that effect.
Expert:  Jo C. replied 9 months ago.
You can check whether or not you were cautioned by making a SAR at any police station for any information held upon you.But normally you would be arrested and asked for an account if a caution were to be adminsitered.
Expert:  Jo C. replied 9 months ago.
administered.Can I clarify anything for you?Jo
Customer: replied 9 months ago.
I can't remember if I signed anything to tell you the truth. Its been probably 4 years ago about and I was just in a shock. Would a street caution still appear on a CRB check?
Expert:  Jo C. replied 9 months ago.
Only on enhanced checking and on stand for five years.I would make a SAR if you are not sure. It is quite unlikely but it is possible.
Customer: replied 9 months ago.
If I asked for a SAR at the Police station, how long would it take and is it confidential and not sent to my home address?
Expert:  Jo C. replied 9 months ago.
Usually about a week and it costs £10. I think you can arrange to pick it up at the police station.
Customer: replied 9 months ago.
One final question please. If it was a caution, would it not be classed as Spent?
Expert:  Jo C. replied 9 months ago.
Yes, a caution is spent immediately but that only means it drops off basic checking.It will still show on standard for five and a half years and enhanced for life if deemed relevant.
Customer: replied 9 months ago.
According to the disclisure scotland, enhanced check only shows unspent cautions?
Expert:  Jo C. replied 9 months ago.
That is wrong.
Customer: replied 9 months ago.
On their website...it says only unspent cautions are shown?
Customer: replied 9 months ago.
How can it be wrong?
Expert:  Jo C. replied 9 months ago.
Because it is. All cautions show on enhanced. That is what enhanced is.
Customer: replied 9 months ago.
Well that confuses me as that means their official website is showing the wrong information. It does show it clearly. Please take a look at the disclosure scotland website. Only spent and unspent convictions are shown and only unspent cautions are shown.
Expert:  Jo C. replied 9 months ago.
I really don't think I can add anything to this.Cautions unspent and spent show on enhanced checking. It really doesn't matter if their website says there is no such thing as a caution. Cautions show on enhanced checking.
Customer: replied 9 months ago.
Can you confirm you have checked their website? In the table provided, the first column, item 3 states clearly 'unspent cautions'. It would be quite a major error if this was a mis print?
I'll have to ring them on Monday to confirm.
Expert:  Jo C. replied 9 months ago.
Ok. Good luck with this.I cannot add any more to this.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Hi Jo, you never confirmed that you checked the Scottish Disclosure website. As I mentioned, I'll ring them on Monday and will confirm what they say.
Customer: replied 9 months ago.
There seems to be a difference between DBS disclosure and Scottish Disclosure which is confusing as regards ***** *****?

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