Cautions

[Danzo]

Hi folks

here is the official explanation of cautions issued by the police after arrest but in lieu of formal charging and prosecution:

http://www.homeoffice.gov.uk/police/powers/cautioning/

Danzo

[_dg]

The site mentions that the record will "remain on the police database along with photographs, fingerprints and any other samples taken at the time"

It does not mention a time limit - is it still five years?

[ZDP-189]

So is it a 'criminal record'?

[ZDP-189]

Will a simple caution go on my criminal record?
A simple caution is not a criminal conviction, but it will be recorded on the police database and may be considered in court if you are tried for another offence.

The record will remain on the police database along with photographs, fingerprints and any other samples taken at the time.

If the victim of your offence requests your name and address for civil proceedings, the police are legally obliged to give this information out, so you may still be sued for damages.

So it looks like a caution is OK for a victimless crime like knife carry. At least you have no problems with answering 'no' when asked about convictions on visa or job applications.

[bagman]

It does not mention a time limit - is it still five years?


IIRC it changed to forever, like a conviction, about 2-3 years ago

[Danzo]

Copy of a post from appletree-man in the main law forum:

Apologies if this has been covered already, and it's not really a question.

Just found my old Disclosure Scotland details which I applied for last year while working for the NHS.
It's an enhanced type which is required for the NHS, and working in schools, police, etc.
Anyway, there is a section on it which covers any cautions given, so it seems a caution could be a factor in applying for jobs like this.

Just thought i'd point this out in case anyone thought a caution didn't have implications.

I thought this worth adding for reference. Thanks appletree-man.

Danzo

[mirage]

"Cautioning:

A caution is a warning given by the police to adults who admit they are guilty of an (often first-time) minor offence, such as vandalism or petty theft. A caution acts as a first official warning and deterrent to anyone from getting involved in crime."

Full info from the Home Office here:

http://www.homeoffice.gov.uk/police/powers/cautioning/?version=1

"Q: Do cautions and reprimands count as criminal records?

Cautions, reprimands and final warnings are not criminal convictions and so are not dealt with by the Act.

If people with cautions, reprimands or final warnings only, are asked whether they have any 'criminal convictions' they can answer 'no'. Sometimes people are asked if they have a 'criminal record'. This is a less precise term, but it is usually understood to mean convictions. So people who are asked if they have a 'criminal record' may also answer 'no' if they have no convictions.

However, people who are specifically asked if they have cautions, reprimands or final warnings should disclose them until they are deleted from police records. Records of cautions should be deleted after five years if there are no convictions on the record. (In practice, some police forces may retain records of cautions for much longer than this or indefinitely.) "

http://www.crbapplications.co.uk/content/view/23/45/#q6

mirage