Got a final warning at 11 years. Can I become a teacher?

Watch
JakeyBoy1234
Badges: 0
Rep:
?
#1
Report Thread starter 6 years ago
#1
Hi,

I have an issue with my career path. In the future, I wish to become a teacher.

However, when I was 11 years old, I was arrested and given a final warning. The offence was ABH where I "accidentally" had used a weapon against a 15 year old within a school. I have never committed a crime since.

As being in close contact with children, would I ever be able to able to teach children in the future.

Also, after discussion with others, I believe that new laws have been introduced which means that final warnings given to young offenders under-18 are written off at 18. Is this true?

Thanks

Jake.
0
reply
The_Dragonborn
Badges: 0
Rep:
?
#2
Report 6 years ago
#2
I'm not too sure myself, sorry.

I know it's not a useful contribution to the thread, but how on earth does one "accidentally' use a weapon against someone?
0
reply
LolaLowe
Badges: 9
Rep:
?
#3
Report 6 years ago
#3
I believe there is some statute of limitations which means a record of juvenile crime is deleted after a certain time period, or at 18, however...given the nature of the offence and the increased caution around appointment of those with responsibility for children it may be that at some point you may be asked to divulge 'do you now or have you ever...' type stuff. I'd check with the police department that deals with checks on teachers and it will set you mind at rest.
0
reply
nulli tertius
Badges: 21
Rep:
?
#4
Report 6 years ago
#4
(Original post by JakeyBoy1234)
Hi,

I have an issue with my career path. In the future, I wish to become a teacher.

However, when I was 11 years old, I was arrested and given a final warning. The offence was ABH where I "accidentally" had used a weapon against a 15 year old within a school. I have never committed a crime since.

As being in close contact with children, would I ever be able to able to teach children in the future.

Also, after discussion with others, I believe that new laws have been introduced which means that final warnings given to young offenders under-18 are written off at 18. Is this true?

Thanks




Jake.
Your understanding of the law is wrong.

To start with, your final warning is "spent" under the Rehabilitation of Offenders Act 1974 (as amended). That means it does not have to be disclosed in court or to an employer (so you do not need to mention it on the application for the part-time job with Tesco).

However teaching is one of the professions that is exempt from the Rehabilitation of Offenders Act 1974, so you have to disclose all offences including final warnings when asked (and you will be asked) in connection with employment as a teacher regardless of whether it turns up in a DBS search.

The law was changed last year (Article 2A of the Rehabilitation of Offenders (Exceptions) Order 1975) so that "protected cautions" did not have to be disclosed even for a teaching job. Whilst most final warnings come within the definition of "protected cautions" this one doesn't.

The technical reason it doesn't is because it was a final warning for a "listed offence". Listed offences include any offence specified in Schedule 15 to the Criminal Justice Act 2003. Schedule 15 includes offences under section 47 of the Offences Against the Person Act 1861. Section 47 created the offence for which you accepted a final warning.

You may care to read this regarding teaching with a blot on the escutcheon.

http://www.theguardian.com/teacher-n...s-teaching-job

Incidentally, as the police can only administer a final warning where there is a clear and reliable admission of the offence and "accident" would be a complete defence to a charge of ABH, you admitted that you did not accidentally assault the other boy but intended to assault him or did not care whether you assaulted him or not.
1
reply
Bar None
Badges: 2
Rep:
?
#5
Report 6 years ago
#5
(Original post by nulli tertius)
Your understanding of the law is wrong.

To start with, your final warning is "spent" under the Rehabilitation of Offenders Act 1974 (as amended). That means it does not have to be disclosed in court or to an employer (so you do not need to mention it on the application for the part-time job with Tesco).

However teaching is one of the professions that is exempt from the Rehabilitation of Offenders Act 1974, so you have to disclose all offences including final warnings when asked (and you will be asked) in connection with employment as a teacher regardless of whether it turns up in a DBS search.

The law was changed last year (Article 2A of the Rehabilitation of Offenders (Exceptions) Order 1975) so that "protected cautions" did not have to be disclosed even for a teaching job. Whilst most final warnings come within the definition of "protected cautions" this one doesn't.

The technical reason it doesn't is because it was a final warning for a "listed offence". Listed offences include any offence specified in Schedule 15 to the Criminal Justice Act 2003. Schedule 15 includes offences under section 47 of the Offences Against the Person Act 1861. Section 47 created the offence for which you accepted a final warning.

You may care to read this regarding teaching with a blot on the escutcheon.

http://www.theguardian.com/teacher-n...s-teaching-job

Incidentally, as the police can only administer a final warning where there is a clear and reliable admission of the offence and "accident" would be a complete defence to a charge of ABH, you admitted that you did not accidentally assault the other boy but intended to assault him or did not care whether you assaulted him or not.
Right on the law as always, though a little harsh in your response...

Putting aside the Rehabilitation of Offenders Act which unfortunately does not assist in your particular circumstances, a caution for an offence when you were 11 should not be an absolute bar (depending on the seriousness of the assault) provided you:

1. don't try to cover it up; and
2. are given the chance to properly explain your situation.

Some employers will likely dismiss you out of hand and you will certainly have more of an uphill struggle than others, but you only need to find one willing to give you a chance.

You may even find that you are able to turn it to your advantage - demonstrate that it was a stupid mistake of youth that you now severely regret, that you were heading down a dark path but that you have turned your life around, and that you want to get into teaching to stop kids from making the same stupid mistakes you did.

If it is an option open to you I would also suggest training in maths or science where qualified teachers are scarce rather than in a subject which is more oversubscribed.

Incidentally, it is possible to intentionally assault someone but accidentally use a weapon (e.g. lashing out forgetting that you have a glass in your hand). s.47 Offences Against the Person Act 1861 (ABH) does not require that you intend to cause ABH, only that you intended/were reckless as to the assault.

If the assault itself (and not just the use of the weapon) was a true accident then you do have a full defence and a final warning should not have been administered by the police. If you believe this to be the case then you should seek legal advice as you may be able to have the caution removed from your record. Did you have a lawyer and an appropriate adult with you at the police station?
0
reply
nulli tertius
Badges: 21
Rep:
?
#6
Report 6 years ago
#6
(Original post by Bar None)
Right on the law as always, though a little harsh in your response...
It isn't personal to the OP, but I am afraid I am generally harsh to people who go through the criminal justice system and then when out the other end put forward an account inconsistent with what they have put forward to secure particular treatment within the criminal justice system. If he had run a Not Guilty plea and had been potted, he would have got a Referral Order. He escaped with a final warning but that involves an admission of guilt. It is inconceivable that the OP did not have an appropriate adult aged 11.
0
reply
Bar None
Badges: 2
Rep:
?
#7
Report 6 years ago
#7
(Original post by nulli tertius)
It isn't personal to the OP, but I am afraid I am generally harsh to people who go through the criminal justice system and then when out the other end put forward an account inconsistent with what they have put forward to secure particular treatment within the criminal justice system. If he had run a Not Guilty plea and had been potted, he would have got a Referral Order. He escaped with a final warning but that involves an admission of guilt. It is inconceivable that the OP did not have an appropriate adult aged 11.
Of course, but always best to check. It doesn't sound like the OP is saying the assault itself was an accident in any event, but it doesn't affect the possibility that the use of the weapon was an accident. Given that he has not provided us with the full facts it is unfair to suggest that what he is now saying is inconsistent with what he admitted to the police.

It is a commonly occurring situation that young people take the option of a warning when they are not guilty without fully understanding the consequences of doing so. If you are 11 years old and have just been arrested, processed and locked in a police cell, and someone tells you that if you confess you will be 'let off with a warning' and released immediately, what are you going to do? You certainly won't be thinking about whether you will be able to get a job as a teacher in 10 years time.
2
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Have you experienced financial difficulties as a student due to Covid-19?

Yes, I have really struggled financially (62)
17.17%
I have experienced some financial difficulties (102)
28.25%
I haven't experienced any financial difficulties and things have stayed the same (137)
37.95%
I have had better financial opportunities as a result of the pandemic (48)
13.3%
I've had another experience (let us know in the thread!) (12)
3.32%

Watched Threads

View All