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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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When I was about 14 I use to touch my younger sisters bum

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When I was about 14 I use to touch my younger sisters bum and now I have been given and accepted a caution from the police the incident happened in the mid 70s I have now been put on the sex offenders register is this right as it was 40+ years ago
Submitted: 6 months ago.
Category: Law
Expert:  F E Smith replied 6 months ago.

Did your sister make the complaint?

Why did you accept the caution?

Did you take legal advice on the effect of the caution?

Customer: replied 6 months ago.
my sister did
Because it seemed the best option
And was told that it would not go on my criminal record
Because I accepted what I had done I thought I didn't need a solicitor
I was about 14 and she was about 10
Customer: replied 6 months ago.
can you tell me if what they have done is right
Expert:  F E Smith replied 6 months ago.

You committed a criminal offence. It is indecent assault on a minor. It is indecent assault even if she consented because a 10-year-old is not able to give consent.

The reason that this wasn’t prosecuted was because of your ages and the length of time and lack of evidence. If you pleaded not guilty, there was only a slim chance that this would have come up with a guilty verdict.

In that respect, to an extent, you have shot yourself in the foot by accepting the Caution which the police have “slipped in”. Because it’s a caution and not a criminal offence, it is exempt from the Rehabilitation of Offenders Act but will appear under “Other Relevant Information” on an enhanced DBS check.

Unfortunately there is no mechanism for getting a caution removed or revoked or appealed or changing your mind.

I’m sorry, I know it’s not the answer you wanted.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Customer: replied 6 months ago.
I just need to know if it's right for them to put me on the sex offenders register
Customer: replied 6 months ago.
I accept the caution but not being on the sex offenders register I just need to know if they are right to do this
Expert:  F E Smith replied 6 months ago.

Unfortunately, yes, they are.The sex offenders register contains the details of anyone convicted, cautioned or released from prison for sexual offence against children or adults since September 1997, when it was set up.

Here it is from the Guardian newspaper is just one example.

https://www.theguardian.com/society/2006/jan/18/childrensservices.politics1

F E Smith, Advocate
Category: Law
Satisfied Customers: 8974
Experience: I have been practising for 30 years.
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Customer: replied 6 months ago.
OK thank you for your help

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