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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11721
Experience:  Barrister 17 years experience
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I'm looking for some advice. I recently received a garda

Customer Question

I'm looking for some advice. I recently received a garda caution about 4 months ago. I'm currently going through a garda vetting process. My query is will this appear whilst being vetted.
Submitted: 6 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 6 months ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 6 months ago.

1. Yes, this caution will appear whilst being vetted. However, it is not a criminal conviction, as a caution does not amount to a criminal conviction. However, all issues surrounding offences appear on a vetting process, including cautions, even if cautions get disregarded.

Expert:  Buachaill replied 6 months ago.

2. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website despite answering your question.

Customer: replied 6 months ago.
Would that have an effect on future employment and can I appeal
Expert:  Buachaill replied 6 months ago.

3. A caution cannot in theory affect future employment as it is not a criminal conviction. But in practice, if it is in a relevant area, it can be taken into account in the vetting process. However, there is no appeal from a caution as you have voluntarily assented to being given it to avoid a charge and conviction. If you have already assented to a caution, you will most certainly get a fine or other penalty if you back out of it. This is just how things work in practice. You will then end up with a criminal conviction.

Customer: replied 6 months ago.
But the vetting bureau themselves say first time cautions are not disclosed
Expert:  Buachaill replied 6 months ago.

4. I am not sure this is correct as the mere fact of the caution is "specified information" within the meaning of the National Vetting Bureau (Children & Young Persons) Acts if there is a young person involved or if there is some public element which might cause harm to children. So, what offence were you cautioned in relation to, as there are a range of offences covered by the adult caution scheme? Was it intoxication and if so, who or what was involved? Or what was the offence? I appreciate children are not involved in most cautionable offence, but the correct answer is that it depends upon the type of offence involved. So, you need to realise that this caution will come up when you are vetted and the facts of the incident will be considered.