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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8444
Experience:  I have been practising for 30 years.
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My son tried to get into prison service, but was informed he

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My son tried to get into prison service, but was informed he was dishonest because he did not declare a part caution in 2007 (burgulry with intent to steal), he did not know it was on police data base, this has now been removed and a new enhancement certificate has been sent, the policeman involved in this cautioned my son for criminal damage (Graffitti), but my son was with another male who the policeman knew about, but did not even go to his house. Also a few months after the Graffitti incident the same policeman came to our house again, accusing my son of throwing water bombs at shops, I believed the police - my son said he didn't do it I accused him of living - my son was telling the truth, when the incident happened he was in Scotland on holiday. I feel this policeman has been totally dishonest and has bullied my son to make his records look good. Can this matter be looked into more, my sons life has been put on hold for a year and has been very stressful for him and myself, losing out on a career he wanted, (this policeman knew if my son applied for anything he would not stand a chance, definite defamation of character, where does he stand please.
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
If only my son received a caution for damage and not the other lad concerned could his caution be quashed, because the policeman only wanted my son in trouble and no one else?After police informed us that wrong information had been Inputted - they said it was a computer error, I know they were trying to cover up they were living, because the policeman works in the same station as the investigating officer (all together - didn't want to discipline one of there own.Can charges or an investigation take place, because I feel he was in a position of trust, and should not of been allowed to enter incorrect serious allegations on my sons record. He should be held responsible for his actions.
Customer: replied 3 months ago.
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Expert:  F E Smith replied 3 months ago.

Unfortunately, for the purposes of certain occupations, those occupations are exempt under the Rehabilitation of Offenders Act. The police is one, prison service is another, legal profession, finance, banking, working with children, the medical profession to name just a few. Hence, even spent convictions have to be disclosed.

However a caution is not a conviction although it is likely that the question which was actually asked directly whereas “do you have any cautions or convictions even those which have been spent”. To answer that no, be viewed as being dishonest.

Unfortunately with the question, because you can either accept it or decline it, once it is on the record, it is not possible to get it expunged. It will not show up on a basic check up on an enhanced check under the section entitled “any other relevant information”.

With regard to the water bomb incident, I’m not certain what the point you are making is here. It seems to be a separate incident are together with no caution received.

I see that you have asked for a live telephone call. I am happy to call you but there is an extra charge for it so I will submit a premium service proposal for you now.

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Best wishes.


F E Smith, Advocate
Category: Law
Satisfied Customers: 8444
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 3 months ago.
My son did not know of the burgulry with intent because the police made it up, I understand the rehabilitation of offenders Act, what I am trying to say is this policeman was dishonest and should be made accountable for his actions. I mentioned the water bomb incident because every opportunity he had he wanted to get my son in trouble (I know he did not receive a caution - I was making you aware this policeman is dishonest not my son). Is it worth going to Police Complaints Commission?

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