CRB Check - Has anyone had problems with a caution?
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Original post by benji385
That is new to me (like I said I'm not an expert) but according to what I read online a caution is spent immediately as you receive it and therefore its a spent conviction and only comes up for standard and enhanced dbs checks.
In my opinion such thing as unspent caution does not exist, so you either have something other than a caution or you must be wrong about the unspent bit.
Either way, any application form asks about unspent convictions so try to very quickly figure out what is that you have and whether its spent or unspent!
One way to find out what the police has on you is to request a "subject access" you can do that online and it will show everything (even things that would not be shown on a DBS). The other way is that it is actually possible to do a basic dbs check on yourself through the scottish dbs website (google it), that would show what your employer would see on a basic check, if it comes back clean then you are basically good to apply for any basic dbs jobs without declaring anything.
In my opinion such thing as unspent caution does not exist, so you either have something other than a caution or you must be wrong about the unspent bit.
Either way, any application form asks about unspent convictions so try to very quickly figure out what is that you have and whether its spent or unspent!
One way to find out what the police has on you is to request a "subject access" you can do that online and it will show everything (even things that would not be shown on a DBS). The other way is that it is actually possible to do a basic dbs check on yourself through the scottish dbs website (google it), that would show what your employer would see on a basic check, if it comes back clean then you are basically good to apply for any basic dbs jobs without declaring anything.
Original post by chosenone93
wow so i could very well be asked to declare it i'll be graduating in a few months too
Just find out whether its spent or not. If it really is a caution then it must be spent if u ask me, and therefore no need to disclose it for basic dbs check type jobs.
But if u insist that whatever you have is unspent, then really do make sure to find out if its true or not before you start applying for jobs, you don't wanna disclose it and make your life more difficult only to learn later that it was unnecessary.
Original post by benji385
Just find out whether its spent or not. If it really is a caution then it must be spent if u ask me, and therefore no need to disclose it for basic dbs check type jobs.
But if u insist that whatever you have is unspent, then really do make sure to find out if its true or not before you start applying for jobs, you don't wanna disclose it and make your life more difficult only to learn later that it was unnecessary.
But if u insist that whatever you have is unspent, then really do make sure to find out if its true or not before you start applying for jobs, you don't wanna disclose it and make your life more difficult only to learn later that it was unnecessary.
Can you advise as to whether a Warning would show up on an enhanced disclosure (teaching) for minor theft when a minor (17yrs old). I am not 25. Last disclosure I did was about 3 years ago and it was on there.
Original post by yellowblue1
Can you advise as to whether a Warning would show up on an enhanced disclosure (teaching) for minor theft when a minor (17yrs old). I am not 25. Last disclosure I did was about 3 years ago and it was on there.
I think minor things are now (after 2013) filtered after 6 years, so it shouldn't be on, if it still is by some mistake then send it back and complain (only you will receive a copy, your employer won't see it until you are satisfied with it and show them)
Update: although now that I think about it, this new rule that minor things are filtered off are meant to be for cautions, I'm not entirely sure if it applies for warnings (even though warnings are "smaller punishments than cautions")
(edited 9 years ago)
Many thanks. Does this warning need to be declared if applying to teach in the UAE? What exactly is a 'warning' in terms of the law?
Original post by yellowblue1
Many thanks. Does this warning need to be declared if applying to teach in the UAE? What exactly is a 'warning' in terms of the law?
I think warning is a caution for under 18 people. I have no idea if it has an equivalent abroad nor do I know how does data sharing work between police forces of two countries. Having said that I would say it is very unlikely that smthing like a warning would be found from abroad.
Although if the job you applied for asks you to complete a DBS check (in Britain) then the question is will it show or not. If it will, then you have to at least explain them what it really is etc.
Also, do you need a visa to work in UAE, if you do then you probably will need a police certificate which will very likely show your warning, as it is never erased from the police system, it is only filtered off from your DBS after 6 years (well, a caution is, also it should actually be less than 6 as you were under 18 at the time). but you can ask for your own police certificate and find it out before applying, whether it will be shown on your police certificate depends on if it is classed as a conviction or just as a police intelligence (a piece of information) and whether you had been arrested (dna and fingerprint taken) or not.
Id say if your police certificate is clean don't bother disclosing and fingers crossed its taken off your DBS by now, I mean you were under 18 and it has been 8 years ago for crying out loud, good luck!
(edited 9 years ago)
Hi, I am hoping someone can help me please. Its quite complex so I will give a brief summary and then more detail:
In 2008 (I was over 18) i was charged with shoplifting. It was an honest mistake and so when i was called into the police station about 6 months later to accept a caution, i refused as I was not going to falsely state that I had intended to commit an offence. Some time later, I received a court summons, and after seeking legal advise, decided to write to the PPS, asking if i could change my mind and accept the caution. They responded saying that they would not be pursuing the court appearance. There was no mention of the caution in their response and I have received no further communication. I don't know if that meant they were dropping the matter or if my letter was all that was needed to record a caution. To sum up, I don't know if if I have a caution or not. Can anyone shed any light?
More contextual information on the case if it helps:
I had spent approx £70 in Boots but had absentmindedly put a £4.99 blusher in my pocket when getting my phone out to answer a phone call and therefore walked out without paying for it. I was taking a high dose of SSRI meds at the time, and was suffering from side affects such as confusion and forgetfulness. The blusher was fit for resale and the store suffered no losses. The store detective locked me in a room and behaved aggressively towards me. I was in a state of shock and showing no emotion but he kept on telling me how much trouble I was in and how my life was now ruined and what a bad job my parents had done with me until I began to cry.He seemed satisfied then. He claimed I owed them £80 for his time and the upkeep of their monitoring equipment and the store followed this up with an official request by post. I paid them this, although on reflection, i don't think I should have!
After refusing the caution and receiving the court summons, I sought legal advice. My solicitor said that given my previous clean record and the mitigating circumstances of the medication, I may have a case, but that cases involving medical experts were drawn out, long and expensive. I would also be asked intrusive and personal questions about my mental health, which included a serious suicide attempt and several in patient admissions in mental health units.
In the end, I decided it was not worth the emotional trauma and expense for something that may end up in a conviction if the judge was unsympathetic and so I wrote to the PPS explaining the circumstances and asking if I could accept the caution. They responded with a letter saying that they would not be proceeding with the court case. There was no mention of the caution and I have not received any other contact about this issue since. I assumed this meant that they had realised how ridiculous Boots were being in using public money to pursue something that was an obvious mistake and they had suffered no losses as the 4.99 item was fit for resale and they had actually profited from receiving the "compensation" they claimed i owed them.
In 2008 (I was over 18) i was charged with shoplifting. It was an honest mistake and so when i was called into the police station about 6 months later to accept a caution, i refused as I was not going to falsely state that I had intended to commit an offence. Some time later, I received a court summons, and after seeking legal advise, decided to write to the PPS, asking if i could change my mind and accept the caution. They responded saying that they would not be pursuing the court appearance. There was no mention of the caution in their response and I have received no further communication. I don't know if that meant they were dropping the matter or if my letter was all that was needed to record a caution. To sum up, I don't know if if I have a caution or not. Can anyone shed any light?
More contextual information on the case if it helps:
I had spent approx £70 in Boots but had absentmindedly put a £4.99 blusher in my pocket when getting my phone out to answer a phone call and therefore walked out without paying for it. I was taking a high dose of SSRI meds at the time, and was suffering from side affects such as confusion and forgetfulness. The blusher was fit for resale and the store suffered no losses. The store detective locked me in a room and behaved aggressively towards me. I was in a state of shock and showing no emotion but he kept on telling me how much trouble I was in and how my life was now ruined and what a bad job my parents had done with me until I began to cry.He seemed satisfied then. He claimed I owed them £80 for his time and the upkeep of their monitoring equipment and the store followed this up with an official request by post. I paid them this, although on reflection, i don't think I should have!
After refusing the caution and receiving the court summons, I sought legal advice. My solicitor said that given my previous clean record and the mitigating circumstances of the medication, I may have a case, but that cases involving medical experts were drawn out, long and expensive. I would also be asked intrusive and personal questions about my mental health, which included a serious suicide attempt and several in patient admissions in mental health units.
In the end, I decided it was not worth the emotional trauma and expense for something that may end up in a conviction if the judge was unsympathetic and so I wrote to the PPS explaining the circumstances and asking if I could accept the caution. They responded with a letter saying that they would not be proceeding with the court case. There was no mention of the caution and I have not received any other contact about this issue since. I assumed this meant that they had realised how ridiculous Boots were being in using public money to pursue something that was an obvious mistake and they had suffered no losses as the 4.99 item was fit for resale and they had actually profited from receiving the "compensation" they claimed i owed them.
(edited 9 years ago)
Thanks Benji385. I have secured a job in UAE and currently doing all of the paperwork. Have completed the required Police Certificate via ACPO and waiting for it's return although it my understanding from reading their documentation that it may be 'stepped down after 5 years' given I was a minor and it was a warning. Does 'stepped down' however mean that it will not show? It isn't stated clearly what the definition of this is. Any ideas?
Original post by yellowblue1
Thanks Benji385. I have secured a job in UAE and currently doing all of the paperwork. Have completed the required Police Certificate via ACPO and waiting for it's return although it my understanding from reading their documentation that it may be 'stepped down after 5 years' given I was a minor and it was a warning. Does 'stepped down' however mean that it will not show? It isn't stated clearly what the definition of this is. Any ideas?
i would say stepped down is that it does not show but if you ever have to go to court in the future they would still be able to dig it up an use the fact that you already had a warning against you (i.e. it is not erased from their system)
but as long as it does not show on your police certificate and your dbs, it is good news as these are the 2 most important (and probably only) documents you will ever need
hey i would like to ask you a quick question? im a first year pharmacist and i have to undergo a DBS check for next year placement, i was wrongfully accused of allegations of assault (ABH) and sexual harassment because somebody was spiteful of me and wanted to see me in trouble with the law, i was wondering if you have been arrested under false allegations and released because police have taken no further charges, does this come on the DBS record check? (standard)
I am currently doing my master ed and have completed my pgce etc. I am also teaching as a placement simply because I would like to keep teaching even if its for only 3hours a week. Well just received my dbs check finally for the school and a conviction i had is listed from 35 years ago, for a stupid petty crime of shoplifting!! Is this going to pose a problem?? On the back its says childrens barred list information and says none recoreded, of course this was the only idiot thing I have done...I teach 16 year olds gcse, is this going to affect my chances of getting a good position or will they not allow me to teach 16 year olds in the placement i am in at the moment??? I spoke to the dbs people some time ago before Xmas and they assured me that it will not be listed because of many convictions had been scrubbed off the list and because it was so long ago. So can anyone tell me what this could mean exaclty in my position. I just paid a fine in the end, all those years ago!!
Original post by Littlejonesy
Hi Guys
I 'm worried about a CRB check as I think I have a caution.
I was wondering if anyone has experience of having a caution and a CRB check done, and if it affected the job they had applied for?
Many Thanks
I 'm worried about a CRB check as I think I have a caution.
I was wondering if anyone has experience of having a caution and a CRB check done, and if it affected the job they had applied for?
Many Thanks
In theory a recent caution should show up on an enhanced disclosure & barring service check. However, I have heard from people who have had cautions and subsequently they have failed to show on the disclosure certificate.
In practice, when you apply for a job with a public sector organisation, you are asked on the application form if you have any convictions or cautions, reprimands or warnings.
Ultimately, if you have a recent caution my advice would be to admit to it on the application form and if / when appropriate you can give an explanation to mitigate what went wrong for you back then. It should not affect your prospects. On the other hand if you fail to admit to it and then you get the job and it showed up on a DBS certificate, your job application would then be disqualified. And even if you were hired and the caution somehow came to light (however unlikely this may seem it does happen. I knew someone in a good job that got 'grassed up' by a jealous ex and although 3 years into his job got dismissed for failing to disclose his past record on the application form).
Just be honest and it will save you a lot of worry.
Original post by scots
I am currently doing my master ed and have completed my pgce etc. I am also teaching as a placement simply because I would like to keep teaching even if its for only 3hours a week. Well just received my dbs check finally for the school and a conviction i had is listed from 35 years ago, for a stupid petty crime of shoplifting!! Is this going to pose a problem?? On the back its says childrens barred list information and says none recoreded, of course this was the only idiot thing I have done...I teach 16 year olds gcse, is this going to affect my chances of getting a good position or will they not allow me to teach 16 year olds in the placement i am in at the moment??? I spoke to the dbs people some time ago before Xmas and they assured me that it will not be listed because of many convictions had been scrubbed off the list and because it was so long ago. So can anyone tell me what this could mean exaclty in my position. I just paid a fine in the end, all those years ago!!
try to call them and complain. it really should not be on there anymore. caution for shoplifting should disappear after 6 years.
If and only if they are absolutely stubborn to take it off tell your school about it, but unfortunately you don't need to be barred from children to get dismissed (very few crime barres you from anything tbh). It all depends on the manager (and the internal policy of the school). however they would be idiots not taking into account that it happened 35 years ago.
(edited 9 years ago)
Hi,
I'm trying to research whether a caution for marijuana would show up on a check for a teachers background check?
I was young and foolish when I received the caution almost 13 years ago. Since then, I've been teaching in another country for the past 9 years and doing lots of positive volunteer work with youths in various countries. I would love to comeback and teach in England some day, but worry that my caution would prevent me from doing so and my experience would count for nothing.
I'm trying to research whether a caution for marijuana would show up on a check for a teachers background check?
I was young and foolish when I received the caution almost 13 years ago. Since then, I've been teaching in another country for the past 9 years and doing lots of positive volunteer work with youths in various countries. I would love to comeback and teach in England some day, but worry that my caution would prevent me from doing so and my experience would count for nothing.
(edited 9 years ago)
Original post by bdd1234
Hi,
I'm trying to research whether a caution for marijuana would show up on a check for a teachers background check?
I was young and foolish when I received the caution almost 13 years ago. Since then, I've been teaching in another country for the past 9 years and doing lots of positive volunteer work with youths in various countries. I would love to comeback and teach in England some day, but worry that my caution would prevent me from doing so and my experience would count for nothing.
I'm trying to research whether a caution for marijuana would show up on a check for a teachers background check?
I was young and foolish when I received the caution almost 13 years ago. Since then, I've been teaching in another country for the past 9 years and doing lots of positive volunteer work with youths in various countries. I would love to comeback and teach in England some day, but worry that my caution would prevent me from doing so and my experience would count for nothing.
No, it certainly won't show up. See: https://www.gov.uk/government/news/dbs-filter-certain-old-and-minor-cautions-and-convictions-reprimands-and-warnings-from-criminal-record-certificates
But it is your call on whether to declare it on a job application form. At first, when i answered someone earlier in this thread, i was inclined to think 'be honest' and hope if you do declare it they realise it has no bearing now. But on reflection, in today's terrible job market people can be funny and use anything to put you at a disadvantage.
If I were you, I would forget about the caution and not disclose it. There is NO RECORD of it anywhere, so why shoot yourself in the foot all these years later?
If you are really still convinced that something may show, you can apply for a subject access request to see what records the police may have on you. I'm not sure what the procedure is but there is a small fee of around £10 I think. But since the new filtering rules came into effect in 2013, your caution has disappeared into a puff of smoke!
Original post by jess23
Hi I just wondered if you could help me,
I was cautioned when I was 12 or 13 for assault, I am now 18 and haven't been in any trouble since, will this show up on a CRB check?
I was cautioned when I was 12 or 13 for assault, I am now 18 and haven't been in any trouble since, will this show up on a CRB check?
The answer to this depends on precisely what form of 'Assault' you were cautioned for. There are certain assault offences that will never be filtered from a DBS certificate. You can see for yourself a complete listing of these offences from the DBS link posted above. For example, if you were cautioned for an assault with intention to resist arrest or assault occasioning actual bodily harm, it will always show on a DBS certificate.
But If you were cautioned for (example) a common assault (Criminal Justice Act 1988 s39) and you were under 18 at the time of the offence, then under the 'filtering rules' introduced in 2013, such a caution will be removed after 2 years have elapsed.
You need to identify precisely what offence of assault you were cautioned for to answer your question.
Hi David,
I'm supporting a work colleague with an interesting twist where a simple caution was issued, following lengthy investigations, that I'd rather not discuss in full on here.
Would you be so kind as to call me on 07825817670 when you are able to for a little bit of advice on the caution iissued.
Thank you.
Andy
I'm supporting a work colleague with an interesting twist where a simple caution was issued, following lengthy investigations, that I'd rather not discuss in full on here.
Would you be so kind as to call me on 07825817670 when you are able to for a little bit of advice on the caution iissued.
Thank you.
Andy
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