MattW

Someone I know works as a consultant and his employer has asked him to work on a project in London. The company have requested that all the consultants fill out a sceurity form, and one of the questions is:

Have you ever had a Police Caution?

This person has, when he was 11.

Question is, does he have to put it down?

Edited as London missed the "L"

punkie

Depends on what it was for.
Minor offences/cautions clear after 5 years so i can't see there being a problem.

jjones

depends if it is a MOD form then they demand to know all convictions spent or not.

MattW

Not an MOD form, it's for a financial company,

SJ_Skyline

Be honest, if the role requires BC/SC/etc and it is discovered during the vetting process that he has not been honest then not only will he jepordise the project but also he will jepordise his employers relationship with the customer. I can't imagine his employer being too happy with him either, possibly borderline misconduct....

MJW

AFAIK cautions are cleared after 5 years, and you can witness them being destroyed if you want. If the caution was just for swiping a pack of Spangles from the corner shop I guess its not much of an issue. If your 'friend' swiped said Spangles while pointing an automatic weapon at the checkout clerk then it might be a bit different !

MattW

"Friend" and another friend broke into a poorly secured commercial lock up and helped themselves to a few cycle parts!

Reffro

If the question asks have you 'EVER' has a police caution, the answer I hope is fairly obvious............

judgejules

AFAIK it will always stay with your "friend". Depending on the level of check performed by the employer will determine wether or not it shows up after 5 years.

TBH, I'd play it safe and just say "yes", does it ask for details or just yes/no ?

Jules

Sith

Post it on 5ive-0.com They know the law! Rather than the hit and miss of NSR.

Jerome

This would imply that a caution is never spent (from here):

2.6 This has resulted in an anomalous situation. A criminal conviction, which follows a full trial of an offence and an admission or finding of guilt can become spent and hence not have to be declared in most job applications, whereas a formal caution (which is regarded as being a less serious disposal ) may never become spent and would form part of a police record for as long as it was retained there. Amending the ROA to include cautions, reprimands and final warnings within its ambit could rectify this situation. This paper discusses the issues surrounding this proposal and invites response to a number of key questions on the subject.

Tiggs

Isnt this a bit obvious????

have you?

yes

so the answer is...............

MattW

Yes, yes yes, however the person was told at the time that the record relating to it would be destroyed and no longer relevant when the individual became 16. Not sure whether that was 5 years or that particular age.

The actual question is "have you ever had a criminal conviction or police caution?".

Freak

To be honest, im having the same problem in a roundabout way

Planning on emigrating in a few years, and i havent a fecking clue as to whether an indiscretion from my past will prevent me going.
Rather worrying.

I did PM a certain occifer on here a while back, and here was his reply..(let me know if you dont want it posted and would like it edited mate):

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"A caution is like a "life" in a computer game. Once its gone, then its game over and you're off to court for the real deal, as it were. Cautions are like a slap on the wrist and the details of which are held locally in police forces, so effectively you could receive a caution in every force in the country before you end up at court.

To recieve a caution, you must admit the offence - its like a "light let-off" as if you decided to deny the offence, you would be charged and sent to court for them to decide.

There's no indication of it on the police national computer, so I think you should be fine.

Obviously I can't be 100%, but if you want to be *sure* then head along to www.5ive-o.org and hunt out VinnyP! - he's a resident fed there, and if anyone would know then I'd say he'd be the man to ask."

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As usual, finding any concrete black and white written info/legislation is impossible.
By the way, at the time, i was also told it was 5 years - so i assume that is the case.

Anyway- thats besides the point.
the question asks 'have you ever had a conviction or caution?'
if he hasnt he puts 'No'
If he has, he puts 'yes'
Unless he wants to risk it- as it is not held on the system the chances are so miniscule....thats his choice.
If it was recent, then he may have a problem. But something when he was 11? doubtful

Trashman

Nice to see you tailored the answer historically Spangles ?????????

Flatcapdriver

There is a form that you can obtain from the Police which you can acquire from your local station by filling out a form and making a small payment. I can't remeber what the form is called but if you pop down they will know. If your form is on the form when they send it back to you, then it's obvious what you need to do but if it isn't ...

Trashman

On a serious note, spent or not it is as well to mention it. Having completed security forms in the past and the people working for me also, the depth that they will go into can turn up all sorts.

If the question says "Have you ever" then answer yes and include details. Likewise truthfully answer the question "Have you or any of your family ever been involved in terrorist activities". Like claiming to have a bomb at an airline check-in, anything other than fact and sensible answers are not a good idea.

Chris5-0

Obvious question?

IS THIS FRIEND YOU?

Far as I know a caution at 11 is hardly grounds to knock back a job, however lying on a form at age ? about a caution when 11 might be seen as grounds too!

I always tell people that a caution will not affect them in later life, far as I know you, sorry, your friend would have been created on PNC as being cautioned for the offence but I believe there is a weed date on things like that and they drop off. Not 100% sure, thats definitely a custody officer question that one. You would definitely be eligible for an adult caution should you or your friend fall foul of the law again as juvenile and adult cautions are different things.

If it was me i'd declare it and take the consequences rather than not declare it and get found out. Question is, with data protection would company be able to get your records without your consent?? Not sure of that, its a minefield thats for sure!!

Freak

Care to elaborate?
You seem to know your stuff-and as mentioned, finding this in black and white is tricky.

Langy

I got a caution when i was 16 (now 25) and went to the police station and filled out a form, gave them a tenner and it came back with no previous cautions/convictions held on our systems. I would put it down just in case though....could come back to haunt your friend!

Daryl

The Criminal Records Bureau have a code of practice regarding disclosure of information to employers. The following extract may be helpful, basically they have to let you know if they intend checking your criminal history:

'In order that persons who are, or who may be, the subject of Disclosure information are made aware of the use of such information, and be reassured, Employers shall


ensure that application forms for positions where Disclosures will be requested contain a statement that a Disclosure will be requested in the event of a successful application, so that applicants are aware of the situation;

include in application forms or accompanying material a statement to the effect that a criminal record will not necessarily be a bar to obtaining a position, in order to reassure applicants that Disclosure information will not be used unfairly;

discuss any matters revealed in Disclosure information with the person seeking the position before withdrawing an offer of employment.

make every subject of a Disclosure aware of the existence of this Code of Practice, and make a copy available on request; and

in order to assist staff to make appropriate use of Disclosure information in reaching decisions, make available guidance in relation to the employment and fair treatment of ex-offenders and to the Rehabilitation of Offenders Act 1974.'

King Eric

Er yes,

If he lies and they give him the job. He then earns his salary and then they find out he will be visiting a local Police Station for obbtaining pecuniary advantage by deception for himself!

Oh, and they would have all his money he earnt off him taken back

Best he tells the truth, but is honest about it

That said after 7 years it no longer stays on the old police system per se

King Eric

And....
Yeah, and as mentioned at 11 years old it would of been a reprimand and not a "caution" so technically unless it says caution or "reprimand" he can technically answer "no"

Jerome

Daryl,

That only applies to criminal records. A caution is not a criminal record. See my previous post and the link therein.