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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My grandson has to attend police station to receive a caution

Resolved Question:

My grandson has to attend police station to receive a caution and education regarding a hate crime.
He distorted an image of himself with the name of a disabled girl he then and sent it to a friend who in turn passed it on. My grandson has been immature and deeply regrets his actions, he didn't mean for the girl to see this and he did not set out to cause her any distress. He has received a 2 week exclusion from school.
He is 15 years old and has never been in any trouble, he is a good pupil with a very good school record.
We are concerned that a caution may prevent him from entering professions as it will remain on his record with regard to DBS checks. Can he refuse the caution and what would happen if he did. He has not been interviewed by the police at this point.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
You should definitely pursue it. All the best.
Expert:  Jenny replied 1 year ago.
Margaret I'm sorry this was posted by accident. I will opt out for a colleague to pick it up.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.What was the exact offence please?Alex
Customer: replied 1 year ago.
The ode
The charge is ,'hate crime'. He is 15 years old he sent a picture of himself which he distorted and put a girls name underneath.
He sent it to another boy who passed it on. As I said in original message he didn't do it maliciously. He has been silly and naive but had no intent of harm. He has never been in any trouble before. His head of year actually said that she was shocked at the tariff of punishment. He has sent apologies to the girl and his mother also apologised to the family. He has a 2 week exclusion from school and has completed a booklet about his regrets and how his actions have consequences. He has also lost privileges at home . We got a call from the police yesterday to say he has to attend the station next Wednesday to be cautioned and arrang meets to be made to attend a class on hate crimes for educational purposes.
Expert:  Ash replied 1 year ago.
It won't be charged as hate crime. It will be called something else. Do you know the EXACT name of the offence?
Customer: replied 1 year ago.
Athe police officer said hate crime on the phone
Customer: replied 1 year ago.
We are concerned about any caution as it will show up on clearance police checks if he wants to apply for jobs or uni courses where car checks are required
Customer: replied 1 year ago.
We were on our way to a meeting at school when the officer phoned we didn't write anything down. The police has not spoken to my grandson yet but they did say he would receive aaaution
Expert:  Ash replied 1 year ago.
https://www.gov.uk/government/publications/dbs-filtering-guidance/dbs-filtering-guideWithout knowing the EXACT offence its very hard to see. But what I can tell you is that the offence will be spent after 2 years as long as it is NOT on the list of offences which will never be filtered.If its one of those it will show on DBS checks that check for spent convictions.If you go here:https://www.gov.uk/government/publications/dbs-filtering-guidance/dbs-filtering-guideYou will see a list of offences that will never be filtered. So as long as it is not one of those after 2 years it will become spent.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
If he doesn't accept the caution what may happen
Customer: replied 1 year ago.
The officer said it comes under racial religious and disabled alarm and distress act
Expert:  Ash replied 1 year ago.
If he doesn't accept it then they may charge him and it goes to Court.Without knowing what the exact offence is (Act and Section number) its impossible for me to say.But if it does NOT show on the list of offences then it WILL be removed after 2 years.Does that clarify?Alex
Customer: replied 1 year ago.
On the list it says causing a child mental distress. The girl was off school for a day or two. The list also cites religious and racial offence causing harm but the officer said it also included disability under the new hate crimes criteria. The girl'condition is dwarfism. Do you think it makes any difference that he had no intent of harm
Customer: replied 1 year ago.
I appreciate it is difficult without knowing exact section. The head of year was shocked at his punishment tariff of 2 weeks exclusion.
Expert:  Ash replied 1 year ago.
I really don't know what the offence is which is why I really can't say one way or another as it would be wrong of me. You should print off the list and take it with you, bearing in mind what I have said.Can I clarify anything else? Alex
Customer: replied 1 year ago.
I appreciate that and understand. Thank you
Expert:  Ash replied 1 year ago.
Good luck. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you. Thanks in advance. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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