Do Cautions stay on record for life?

StonedPenguin

StonedPenguin

StonedPenguin

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Hi there,

Just a quickie if anyone knows, Does a caution stay on your record for life? I've been told its 5 yrs by 1 copper, then its life by another copper so.. :confused:

The caution was recieved aged 22 (3 years ago), I have recently been offered employment working at an Airport, Security screening Cargo. I am fairly confident I will pass the CRB check because I've been told cautions only show up on Enhanced CRB checks, But not sure if this is 100%

If anyone can clear this up for me i'd appreciate it. :)

Thanks
 
Cautions (including reprimands and warnings) are 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 (including reprimands and warnings), regardless 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. Under the current system all cautions, reprimands and final warnings are disclosed on both Standard and Enhanced CRB disclosures no matter how far back they go. If a caution / reprimand / warning is on record then it will be disclosed.

Cautions will always remain on a person's record. 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.
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https://www.askthe.police.uk/content/Q562.htm

More from Directgov:

http://www.direct.gov.uk/en/CrimeJusticeAndTheLaw/Beingstoppedorarrestedbythepolice/DG_196450
 
I have been caught with pot twice, once pre-18 and once when I was 22. I was cautioned both times. I worked at a local college which required an enhanced disclosure when I was 19 which didn't show up the first (when I was under 18). My job after that required a normal disclosure and the one I got at 22 also didn't show.
 
Hang on, a police caution is not part of the justice system is it? Aren't they down to the police force to issue them, to be used against you in court if you do the same thing again and it is prosecuted? - how can it be right that they are returned on checks?
 
Linkex said:
Hang on, a police caution is not part of the justice system is it? Aren't they down to the police force to issue them, to be used against you in court if you do the same thing again and it is prosecuted? - how can it be right that they are returned on checks?
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Lol, no. A caution is you formally admitting to the offence in return for the police (well CPS) agreeing not to prosecute. Whilst 'spent' immediately you technically have a criminal record if you accept a caution.
 
They are on your criminal record permanently. They will show on an enhanced CRB if that is what you are concerned about, however a Caution is spent under the Rehabilitation of Offender Act the moment it is given so you have a modicum of protection regarding employment.
 
I got a caution at 14 (27 years ago!) Got my firearms licence a couple of years ago and the firearms officer told me there was no record of the caution on my file at all. Im guessing the longer it happened the more chance of it disappearing.
 
If you have a caution always disclose it on security checks as they show up on certain levels of check. It is always better to disclose it, than not tell them and it shows up on a check then an employer might think you are trying to hide something.
 
zobby said:
I got a caution at 14 (27 years ago!) Got my firearms licence a couple of years ago and the firearms officer told me there was no record of the caution on my file at all. Im guessing the longer it happened the more chance of it disappearing.
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You were 14. Juvenile records are not disclosed.
 
I know people who've received cautions and gone on to receive certain higher levels of HMG clearance above that of a CRB. (SC and DV for those that know the system). It hasn't prevented getting jobs even in the most secure of environments. The key thing is not to lie if asked. That would suggest something you're ashamed of and could be blackmailed with. This is the bigger threat rather than the fact you were once young and got a bit carried away with something.
 
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