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[Closed] Polica caution - crimminal offence or not?

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Out of curiosity, if an employer asks: [i]Have you ever been convicted of any criminal offence? [/i]what should you answer if you were given a police caution? Options are YES and NO. Which one and why?


 
Posted : 05/12/2010 2:56 pm
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I know, should be Police not Polica. Muppet me!


 
Posted : 05/12/2010 2:57 pm
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Absolutely NO

You can only be convicted by a court. End of.


 
Posted : 05/12/2010 2:59 pm
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No as a caution is not a criminal conviction. Tho depending on what the job is it might be worth mentioning as the army knew about my caution before I mentioned it


 
Posted : 05/12/2010 3:00 pm
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If the form only says 'Convictions' then you do not have to declare cautions or fixed penalty notices (the type you get for some minor offences not the speeding/parking type).


 
Posted : 05/12/2010 3:07 pm
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I have one as well, is water wet? ๐Ÿ˜ฏ


 
Posted : 05/12/2010 3:08 pm
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Unless you are going for a position that requires an enhanced disclosure, then you do need to declare them....even though they don't always show up.


 
Posted : 05/12/2010 3:50 pm
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edit..sorry late to respond, already answered


 
Posted : 05/12/2010 5:42 pm
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As Quirrel says (if only the application requires an enhanced CRB) then personally I would say no but clearly state the caution. Honesty is best. If you are to have an enhanced disclosure this shows everything and I mean everything however small (Convictions, cautions, reprimands & final warnings) Also worth noting is any police intelligence on you is also recorded. I have to have these for my job so I know a little of what is required.

Just be upfront and i'm sure it will be fine.


 
Posted : 05/12/2010 6:14 pm
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As Quirrel says (if only the application requires an enhanced CRB) then personally I would say no but clearly state the caution. Honesty is best. If you are to have an enhanced disclosure this shows everything and I mean everything however small (Convictions, cautions, reprimands & final warnings) Also worth noting is any police intelligence on you is also recorded. I have to have these for my job so I know a little of what is required.

They don't always show up everything they should, but don't always. I've seen the second part to my CRB and it's got nothing recorded on it.


 
Posted : 05/12/2010 7:54 pm
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If the question is solely "have you been convicted of any criminal offence?" then NO you do not need to mention the caution. A caution is not a conviction.


 
Posted : 05/12/2010 8:44 pm
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As said above, a caution is not a conviction, as [url= http://www.homeoffice.gov.uk/police/powers/cautioning/ ]confirmed by the home office website[/url]

Cautions are also deemed to be spent as soon as they are given, so under RoA 1974 you are not required to disclose one unless applying for a position that is "exempt". The application form should clearly state that it is an exempt position. See [url= http://www.wikicrimeline.co.uk/index.php?title=Spent_Cautions:_Reprimands:_Final_Warnings ]this[/url] and [url= https://www.askthe.police.uk/content/Q562.htm ]this[/url] for more info.


 
Posted : 05/12/2010 9:10 pm
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Hopefully this is obvious but if it said 'do you have any criminal convictions or cautions?' then you would need to disclose it.


 
Posted : 05/12/2010 10:06 pm
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Hopefully this is obvious but if it said 'do you have any criminal convictions or cautions?' then you would need to disclose it.

You do not have to disclose cautions unless on an enhanced CRB.


 
Posted : 05/12/2010 10:09 pm
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Quirrel you're wrong, jobs can ask what they want on an application form, so if it says "do you have any criminal convictions or cautions?" Then you have to tell them.


 
Posted : 06/12/2010 11:24 am
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jobs can ask what they want on an application form

really?


 
Posted : 06/12/2010 11:34 am
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"Cautions are now covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). This means that if you are asked on an application form if you have a caution you can reply 'no'. For conditional cautions it would be after 3 months since the caution was issued, up until that time you would have to reply 'yes'."


 
Posted : 06/12/2010 11:43 am
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Just out of intrest, my Wife has just submitted her UCAS application, to study Midwifery; apparently this requires an enhanced CRB check.
Should she have mentioned a fixed penalty she got for speeding 7yrs ago ?


 
Posted : 06/12/2010 12:47 pm
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Taki, no, a speeding offence is spent after 3 years and can be removed from a licence after 4 years anyway.

AFAIK only something in the serious driving offence range (drunk driving, driving without due care & attention etc) has different requirements and may need to be delared. My wife works for admissions at a university, and did have a problem with a student who failed to disclose a driving under the influence conviction (well, two actually) that subsequently showed up on her enhanced CRB as it was a teaching course. Didn't effect her place on the course though.


 
Posted : 06/12/2010 12:53 pm
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Quirrel you're wrong, jobs can ask what they want on an application form, so if it says "do you have any criminal convictions or cautions?" Then you have to tell them.

No. You're wrong.

"Cautions are now covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). This means that if you are asked on an application form if you have a caution you can reply 'no'. For conditional cautions it would be after 3 months since the caution was issued, up until that time you would have to reply 'yes'."


 
Posted : 06/12/2010 8:03 pm