Police Caution Disclosure
Discussion
Ain't the law a bitch sometimes...?
I wouldn't lie, the company I work for recently went through everyone's CV and application form to check the details were correct. A number of people were fired as it turned out they had undisclosed criminal records, were lying about education and experience etc.
I wouldn't lie, the company I work for recently went through everyone's CV and application form to check the details were correct. A number of people were fired as it turned out they had undisclosed criminal records, were lying about education and experience etc.
Depends what sort of job you are applying for. Under the "Rehabilitation of Offenders" act I think that your caution is "spent" if it is that old and does not need to be declared.
However if you are applying for a job which says that the Act does not apply to the job then it must be declared.
However for a caution and years ago I cannot see that it is likely to make a lot of difference.
However if you are applying for a job which says that the Act does not apply to the job then it must be declared.
However for a caution and years ago I cannot see that it is likely to make a lot of difference.
If you lie, get found out and have been given the job, you could be subject of a criminal conviction called obtaining pecuniary advantage.
That means you lie about yourself on your application form.
This offence is a recordable offence under the Theft Act and carries a maximum 10 year prison sentence.
If you are prosecuted and convicted you will receive a criminal record. You will then be in an even more invidious position.
If you are selected for interview, you may be given the oportunity to explain the circumstances of the events leading to the caution. If you are selected for interview, I would imaging that a caution for an assault will not be a big problem for the employer unlike a caution for an offence about dishonesty
Prospective employers like honesty. If you are honest you may well be given credit for that and the job. If you lie and get the job, you may never be found out. On the other hand.....
A word of advice. DON'T LIE ON A JOB APPLICATION FORM OR TO GAIN AN INCREASE IN PAY THROUGH PROMOTION APPLICATION FORMS, THE CONSEQUENCES ARE NOT WORTH THE RISK
That means you lie about yourself on your application form.
This offence is a recordable offence under the Theft Act and carries a maximum 10 year prison sentence.
If you are prosecuted and convicted you will receive a criminal record. You will then be in an even more invidious position.
If you are selected for interview, you may be given the oportunity to explain the circumstances of the events leading to the caution. If you are selected for interview, I would imaging that a caution for an assault will not be a big problem for the employer unlike a caution for an offence about dishonesty
Prospective employers like honesty. If you are honest you may well be given credit for that and the job. If you lie and get the job, you may never be found out. On the other hand.....
A word of advice. DON'T LIE ON A JOB APPLICATION FORM OR TO GAIN AN INCREASE IN PAY THROUGH PROMOTION APPLICATION FORMS, THE CONSEQUENCES ARE NOT WORTH THE RISK
You mean Sction 39, but no matter - it is Common Assault. Interesting to hear the CRB checks showed nothing. Can you clarify, were you arrested, interviewed, then asked to sign a written caution form by either the Custody Sergeeant or perhaps Inspector?
There is often a lot of plays on words about "cautions" or "warnings." If you weren't fingerprinted etc... then chances are you may not have received an actual official Adult Caution. But don't let it worry you. People can get in to the Police with cautions for petty stuff, committed many years ago. Disclose it on the form and give an explanation if asked. I would very much doubt it would prejudice your chances if you are a good candidate for a job.
There is often a lot of plays on words about "cautions" or "warnings." If you weren't fingerprinted etc... then chances are you may not have received an actual official Adult Caution. But don't let it worry you. People can get in to the Police with cautions for petty stuff, committed many years ago. Disclose it on the form and give an explanation if asked. I would very much doubt it would prejudice your chances if you are a good candidate for a job.
Declare, declare, declare.
I am a partner in one of the big 4. We would check your answers. If declared this caution would not stop me taking you on - no relevance to the position applied for.
If not declared and discovered I would fire you; no discussions, no second chance.
If all of this happens with another employer and then, even years later, you come to me for a job you are "unemployable" to my partnership - a "dishonesty" offence or incident (i.e. fired for falsification on job application)is very hard to get over in the financial services sector.
I wish you every fortune in landing your chosen job.
I am a partner in one of the big 4. We would check your answers. If declared this caution would not stop me taking you on - no relevance to the position applied for.
If not declared and discovered I would fire you; no discussions, no second chance.
If all of this happens with another employer and then, even years later, you come to me for a job you are "unemployable" to my partnership - a "dishonesty" offence or incident (i.e. fired for falsification on job application)is very hard to get over in the financial services sector.
I wish you every fortune in landing your chosen job.
Mk 6, definately declare it. As stated by others it will lead to a lot more bother later on if you don't
A caution is just that, never been in trouble before, did something, learnt your lesson and have remained trouble free since.
I would think an employer would not have an issue with a caution, but would do later on down the line if you didn't declare it. It's the old "Well, if he didn't declare that, what else is he leaving out" scenario.
A caution is just that, never been in trouble before, did something, learnt your lesson and have remained trouble free since.
I would think an employer would not have an issue with a caution, but would do later on down the line if you didn't declare it. It's the old "Well, if he didn't declare that, what else is he leaving out" scenario.
Most of the time those sort of questions are simply a test of your honesty anyway...
If you have something minor in your past, declare it, and it comes up in a check a prospective employer will almost certainly overlook it, as you've been 100% honest with them.
I recieved a "warning" from plod years ago for 43 in a 30 (B.C. Before Cameras) and declare it every time i have to fill in a security questionnaire as my employers do a lot of M.O.D work...it's never shown up yet as far as i know, but i always cover myself.
If you have something minor in your past, declare it, and it comes up in a check a prospective employer will almost certainly overlook it, as you've been 100% honest with them.
I recieved a "warning" from plod years ago for 43 in a 30 (B.C. Before Cameras) and declare it every time i have to fill in a security questionnaire as my employers do a lot of M.O.D work...it's never shown up yet as far as i know, but i always cover myself.
monkeyhanger said:
Most of the time those sort of questions are simply a test of your honesty anyway...
If you have something minor in your past, declare it, and it comes up in a check a prospective employer will almost certainly overlook it, as you've been 100% honest with them.
I recieved a "warning" from plod years ago for 43 in a 30 (B.C. Before Cameras) and declare it every time i have to fill in a security questionnaire as my employers do a lot of M.O.D work...it's never shown up yet as far as i know, but i always cover myself.
mh, a motoring offence is not a criminal conviction, so you don't have to declare that one.
"Record keeping
7. The effective operation of the final warning scheme relies on maintaining accurate records of previous reprimands and warnings in order to inform decisions in relation to future offending. Police records of cautions are generally weeded after 5 years if there is no further offending behaviour but:
The record of a young person who receives a reprimand or warning aged 10 or 11 must be kept, even in the absence of further offending behaviour, until he or she turns 17
The scheme applies to 10-17 year olds, but can also affect those aged 18 or 19 if they appear before a court within two years of receiving a warning. For those who receive a final warning at age 16 or 17, the record must be kept for a further two years."
Basically the Police Record is kept for 2 years after conviction unless either you were under 17 at the time or it is for specified offences (generally sexual). For a Common Assault it is spent after 2 years unless the job applied for has an excemption (e.g. working with children, in which case it is never spent)
My son is currently working in the vetting department for a Government Agency and last week he had an application from someone who had "forgotten" a murder conviction!!!!
7. The effective operation of the final warning scheme relies on maintaining accurate records of previous reprimands and warnings in order to inform decisions in relation to future offending. Police records of cautions are generally weeded after 5 years if there is no further offending behaviour but:
The record of a young person who receives a reprimand or warning aged 10 or 11 must be kept, even in the absence of further offending behaviour, until he or she turns 17
The scheme applies to 10-17 year olds, but can also affect those aged 18 or 19 if they appear before a court within two years of receiving a warning. For those who receive a final warning at age 16 or 17, the record must be kept for a further two years."
Basically the Police Record is kept for 2 years after conviction unless either you were under 17 at the time or it is for specified offences (generally sexual). For a Common Assault it is spent after 2 years unless the job applied for has an excemption (e.g. working with children, in which case it is never spent)
My son is currently working in the vetting department for a Government Agency and last week he had an application from someone who had "forgotten" a murder conviction!!!!
Definately tick yes.
Explain the circumstances. Most people won't care, when they read what you did.
If you don't declare and get found out, you will be out of the door. IF you do something which gets say SFA registration you could lose that and any chance of another job in the financial sector again (i.e. Merchant Banks)
Explain the circumstances. Most people won't care, when they read what you did.
If you don't declare and get found out, you will be out of the door. IF you do something which gets say SFA registration you could lose that and any chance of another job in the financial sector again (i.e. Merchant Banks)
Look at it from another angle. Does a prospective employer have the right to ask this questions? (im an employer)
This was not for a conviction but a caution? I would ask ACAS for their advice.
I would have thought that an employer could not ask this question but can only of convictions.
This was not for a conviction but a caution? I would ask ACAS for their advice.
I would have thought that an employer could not ask this question but can only of convictions.
silverback mike said:
mh, a motoring offence is not a criminal conviction, so you don't have to declare that one.
A conviction is anything which results in a conviction in court (so a fixed penalty isn't a conviction). If somebody is convicted in court for speeding it definately is a criminal offence like any other. The only difference is it isn't a *recordable offence*, so if asked if you have any recordable offences you can say "no". AFAIK there is no such thing as a "motoring offence" in law.
Gareth
>> Edited by g_attrill on Monday 12th September 11:57
g_attrill said:
mh, a motoring offence is not a criminal conviction, so you don't have to declare that one.
A conviction is anything which results in a conviction in court (so a fixed penalty isn't a conviction). If somebody is convicted in court for speeding it definately is a criminal offence like any other. The only difference is it isn't a *recordable offence*, so if asked if you have any recordable offences you can say "no". AFAIK there is no such thing as a "motoring offence" in law.
Gareth
>> Edited by g_attrill on Monday 12th September 11:57
Er, thanks for that, but that's what I said or meant to say. I am aware of the recordable offence bit, and yes, you have to disclose recordable offences, but the majority are either endorsable, non endorsable offences or speeding.
Death by dangerous etc are a different ballgame, and yes, classed as recordable offences.
Mike.
Friend of mine - her son just finished Uni - and applying for jobs. She has passed remark that almost all these application forms are asking if driving licence has any endorsements - and demand details too 
- for job which does not require any driving or use of company cars...
Can see this if you apply for job which has car as perk or which requires occasional use of company pool vehicle or require any driving - in which case they should demand advanced qualification too if requiring several thousand business miles...
But for a fairly junior desk job?
- for job which does not require any driving or use of company cars... Can see this if you apply for job which has car as perk or which requires occasional use of company pool vehicle or require any driving - in which case they should demand advanced qualification too if requiring several thousand business miles...
But for a fairly junior desk job?
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