CRB Check

wolvotim · 24 Jul 2009 at 14:49

I’ve been chosen at work to represent the company in an open day at a local school in a drive to take on apprentices. As I completed an apprenticeship with the company and then continued to further my education after my apprenticeship they want to use me as an example of the companies training schemes.

I have been employed by my company for 10 years and in this time I have been a model employee apart from I failed to tell them I received a caution for possessing LSD when I was 16 (I’m 30 now). I’ve never been in trouble with the police since apart from a speeding fine.

Will this CRB check let them know about my caution I got 14 years ago?

Biohazard · 24 Jul 2009 at 14:51

The answer to your question will depend on whether the caution was formal, informal or a caution for a recordable offence.

Formal cautions, reprimands and warnings are not criminal convictions. This means they are not covered, in England and Wales, by the Rehabilitation of Offenders Act 1974 or, in Northern Ireland, by the Rehabilitation of Offenders (NI) Order 1978. Therefore, if the Criminal Records Bureau (CRB) check asks if you have a conviction you do not need to declare a caution. It is only if it asks whether you have been in trouble with the police that you will need to declare it.

Edit: If a job applicant has applied for a job that includes regularly caring for, training, supervising or being in sole charge of children or vulnerable adults etc, they will be asked to apply for an Enhanced Disclosure form and if you're asked to apply for this type of disclosure you will need to declare any cautions.

Also, records should be held for 5 years on the PNC although some forces seem to keep them longer.

wolvotim · 24 Jul 2009 at 14:53

Not sure but would have thought it was a formal caution because i had to go in to the police station and be questioned

Von Smallhausen · 24 Jul 2009 at 15:10

wolvotim said:
I’ve been chosen at work to represent the company in an open day at a local school in a drive to take on apprentices. As I completed an apprenticeship with the company and then continued to further my education after my apprenticeship they want to use me as an example of the companies training schemes.

I have been employed by my company for 10 years and in this time I have been a model employee apart from I failed to tell them I received a caution for possessing LSD when I was 16 (I’m 30 now). I’ve never been in trouble with the police since apart from a speeding fine.

Will this CRB check let them know about my caution I got 14 years ago?

Highly unlikely but ring your local police station / HQ and ask to be put through to the criminal justice / file unit. They will explain a lot better.

LOAM · 24 Jul 2009 at 15:12

iirc a caution, providing it is official and you have signed something to declare the fact, stays on your record for ever. I seem to remember a mate of mine saying it is a conviction as such.

Question - What is a police caution and how long does it last?

Answer
A caution is a formal warning that is given to an adult who has admitted the offence. If the person refuses the caution then they will normally be prosecuted through the normal channels for the offence.

Although it is not technically classed as a conviction it can be taken into consideration by the Courts if the person is convicted of a further offence.

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'.

This applies retrospectively so applies to anyone who has ever had a caution, irrelevant of when it was given.

If the application form says that the post is exempt from the Rehabilitation of Offenders Act 1974 then the caution must be disclosed, no matter how long ago it was given.

However, this does not mean that it will not be disclosed on a CRB check. It will not normally be disclosed on a standard check but maybe disclosed on an enhanced check and on a subject access request - see below for more information.

Depending on the type of offence cautions are 'stepped down' after a set period of time (5 or 10 years). This basically means that they will only be visible to police staff and not other agencies who do checks. The exception to this is if a person is the subject of an Enhanced Disclosure and then if relevant it will be disclosed.

Even after five/ten years the caution can still be disclosed if you apply for certain types of jobs, i.e. police, teacher, or jobs working with children and vulnerable adults. It will be disclosed if it is relevant to the job you are applying for.

Cautions will always remain on a person's record but as explained above will be stepped down after 5 or 10 years. There are only exceptional circumstances when a caution could be removed from a person's record and it is anticipated that such incidents will be rare. Examples of such possible circumstances are that it was found that the original arrest or sample was unlawful or where it was found beyond all doubt that no offence existed. Any requests that fit the above criteria should be directed to the Chief Constable of the force concerned.

https://www.askthe.police.uk/content/Q562.htm

edit, so reading that it depends on what type of CRB check they do.

Dup · 24 Jul 2009 at 15:18

You need a CRB check to go an open day?!

If you were employed by the establishment then yes, but visiting I wouldn't have thought so. Surely they don't CRB check contractors do they? I very much doubt it tbh.

Even if you MUST have a CRB check, it should have no bearing. The only problem you face here is you being up front with your employer or not and what terms you are on with them (I work in a small company so we're all pretty chummy and nobody cars who did what 10/20 years ago).

BigT · 24 Jul 2009 at 15:18

I doubt very much that it'll be on record, and even if it did, I doubt your employer will take any action if you've worked there for 10 years without issue so don't worry about your job. I'd be surprised if they remembered what you said on the job application form all those years ago.

I think you can do a check on yourself if you use one of the agencies that does it and then see if it is on file for sure.

AtlanticP · 24 Jul 2009 at 15:21

As long as you dont have any drug related problems, child abuse or similar then I wouldn't worry about it. All they are really concerned about is a history of kiddy fiddling etc which I am sure is nothing you need to worry about. I have passed 3 CRB checks in the past month, I have previous problems but nothing that relates to children or drugs (Selling or addicted) totally different to your caution etc. You'll be fine. No need to phone the Police IMHO.

EDIT: to add, normally to work with or around children an Enhanced CRB check is carried out, this is basically not much different to a normal CRB check, the additions are you'll be asked for more references (Professional working friends, boss etc), your bank details!!! :/ you will also be asked for details of your driving license, birth certificate etc to confirm your identity.

Freefaller · 24 Jul 2009 at 15:34

In my job they vet you for 10years plus CRB and credit checks plus a few others - something like that on your record could be tenuous without checking it with the original branch that performed the caution - best bet is to get in touch with them, it's not always obvious when a caution stays on your record some that we think are mild may stay there indefinitely, and more serious ones may be wiped off. Don't leave it to the knowledge on here, check categorically.

BigT · 24 Jul 2009 at 15:44

Just count yourself lucky you don't have to have a DV check. Family followed, interview by ex-police officers to try and see if you'll crack under pressure, full financial background check etc. All very terrifying.