The Student Room Group

Police Caution/ effect on possible employment?

A few years back I picked up a caution for something very minor. Nothing went to court and thus I have never been convicted of any criminal offence.

I am now intending to go to uni in September to do a Law degree with a view to becoming a Solicitor / Barrister.

I was cautioned in 2000 thus meaning by the time that I start practicing (2009/2010) the caution will be approx. 10 years old (most things like this are considered "spent" after five years).

I am wondering if anyone thinks that this may in any way affect my employment prospects within the legal sector? Surly there are solicitors / barristers out there with cautions and even convictions to their name?

I would hate to do six years training then for someone to deny me because of something that happened when I was 18.
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Reply 1

Mark_KK
A few years back I picked up a caution for something very minor. Nothing went to court and thus I have never been convicted of any criminal offence.

I am now intending to go to uni in September to do a Law degree with a view to becoming a Solicitor / Barrister.

I was cautioned in 2000 thus meaning by the time that I start practicing (2009/2010) the caution will be approx. 10 years old (most things like this are considered "spent" after five years).

I am wondering if anyone thinks that this may in any way affect my employment prospects within the legal sector? Surly there are solicitors / barristers out there with cautions and even convictions to their name?

I would hate to do six years training then for someone to deny me because of something that happened when I was 18.
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I doubt it, especially as it didn't go to court

Reply 2

Thats what I thought, but since Sarah Payne, Holly and Jessica etc. they seem to be really into "background checks" on people. The caution was for (alleged) harrasment. Just to confirm that I am not a monster the legal definition of harrasment is two attempts at contact when the person being contacted does not wish to be contacted. Basically I called a girlfriend several times after we went our seperate ways and with no warning one day the police were at my doorstep. The fact that I was just trying to arrange collection of some property of mine seemed irrelevant to them.

Personally I dont see how it can stop me. As you mention it didnt go to court and thus I have no formal criminal record.

Reply 3

I believe you can Data Protection Act the police for your records (I am assuming that you are currently not being prosecuted)

Reply 4

what happens if u do get a criminal record and want to become a solicitor, are u screwed?

Reply 5

iiikewldude
what happens if u do get a criminal record and want to become a solicitor, are u screwed?


yes

Reply 6

Mark_KK
Thats what I thought, but since Sarah Payne, Holly and Jessica etc. they seem to be really into "background checks" on people. The caution was for (alleged) harrasment. Just to confirm that I am not a monster the legal definition of harrasment is two attempts at contact when the person being contacted does not wish to be contacted. Basically I called a girlfriend several times after we went our seperate ways and with no warning one day the police were at my doorstep. The fact that I was just trying to arrange collection of some property of mine seemed irrelevant to them.

Personally I dont see how it can stop me. As you mention it didnt go to court and thus I have no formal criminal record.

Awww that sounds awful, i hope she feels guilty!
xox

Reply 7

kindersurprise
Awww that sounds awful, i hope she feels guilty!
xox


HOPEFULLY my caution will not affect my employment prospects.

The Law Society states that anyone convicted of a crime must disclose it and they will consider their suitability for legal practice however as I was not convicted of anything then I will probably ok.

A caution means sod all anyway...apparantly 30-40% of adults over 40 years old have either a caution or conviction for something (other than motoring offenses).

Reply 8

You shouldn't have any problems. However, I should digress and point out to you that cautions can be used in court to rebutt evidence of good character.

If you have any qualms, do a google search for the current Director of Public Prosecutions, Ken McDonald, perhaps including the search term 'cannabis conviction'.

Reply 9

muncrun
You shouldn't have any problems. However, I should digress and point out to you that cautions can be used in court to rebutt evidence of good character.



From my last post you may have noticed that 'rebutt' is the incorrect spelling. Attention to detail, my son, is what will make you a great lawyer. :smile:

Reply 10

i think you'll be fine. you didn't even go to court for it and like you said it would be 10 years old once you qualify properly. i would really try not to worry about it, i don't think anything like that would count as a criminal record. it's probably less harmful than a speeding ticket... try not to worry :smile:

Reply 11

Mark_KK
HOPEFULLY my caution will not affect my employment prospects.

The Law Society states that anyone convicted of a crime must disclose it and they will consider their suitability for legal practice however as I was not convicted of anything then I will probably ok.

A caution means sod all anyway...apparantly 30-40% of adults over 40 years old have either a caution or conviction for something (other than motoring offenses).

i don't think anyone has the power to find out you have had a caution. It means nothing, your not a criminal, u havn't done anything criminal. Therefore under data protection no one can find out you've had a caution.

Reply 12

it may if u wanna get a job and apply for uni, its best not to lie. i think a caution gets taken off u after a while

Reply 13

i mean nowadays u can get a caution for just shouting in town late at night or whackin bottles. if i got caught i would have got like 200 cautions by now :confused:
dont worry. :tongue:

Reply 14

Chocolate_Lover
it may if u wanna get a job and apply for uni, its best not to lie. i think a caution gets taken off u after a while

they have no right to ask you if you have recieved a caution. You can just not comment rather than say no if your asked. We don't live in a police state, only something which has been proven in a court can be held against you, not just something a silly policeman has made up.

Reply 15

piginapoke
Yes they can if you have to get an enhanced disclosure.

what's an enhanced disclosure?

Reply 16

If its something as minor as a caution, and so minor that it did not even go to court, then it'll probably be deleted by 2009/2010.

I'm also hoping to qualify in the legal profession in the future. I have also found myself 'foul of the law'. I was arrested at an anti-war protest about a year ago under the suspcious guise of the Public Highways Act. However, as that happened before I was 18, it gets deleted when I turn 18. Plus it was only a local police record.

Something I should probably be more worried about is MI5/MI6 (whichever is domestic security?) files if I ever wish to join the Civil Service. Considering I've been on practically every anti-war, anti-Israeli occupation, Solidarity, etc protest in Manchester in the last two years, plus photos of mine were used as evidence of over-zealous policing in some indymedia.org report, and I'm a member of a far-left political group - a file is almost guaranteed. Yay!

Reply 17

Simply to answer the question posted in the beginning of this thread, in order to decalre a Police Caution you have to have "signed" aPoilce Caution as far as I am aware.

In order to sign the caution, the police has to arrest you first before cautioning you.

What it sounds to me like is that you were not even arrested let alone cautioned by the Police in writing ( correct me if I am wrong). I do not therefore think that you should disclose this information to prospective employers.

I think that you can find out by Disclosure policies and the data Protection Act by the Police your exact legal standing versus the informal police warning your received.


Please do let me know what you think,
regards

Reply 18

Stop worrying.

1) you don't have a criminal record and
2) How old were you when you were cautioned? If you were a minor then I think it is 'spent' when you turn 18.

Reply 19

binyaminlevi
Simply to answer the question posted in the beginning of this thread, in order to decalre a Police Caution you have to have "signed" aPoilce Caution as far as I am aware.

In order to sign the caution, the police has to arrest you first before cautioning you.

What it sounds to me like is that you were not even arrested let alone cautioned by the Police in writing ( correct me if I am wrong). I do not therefore think that you should disclose this information to prospective employers.

I think that you can find out by Disclosure policies and the data Protection Act by the Police your exact legal standing versus the informal police warning your received.


Please do let me know what you think,
regards


Er but I was arrested and did sign a caution. As there was a pretty good chance of me getting convicted if it went to court (see my earlier post on the definition of harrasment - it is literally just two attempts at contact) my acerdited police station reprasentative (lol!) advised me to take the caution as not to totally fcuk up the rest of my life!