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Arrest and caution - implications?
Former Member
Posts: 1,876,323 The Mix Honorary Guru
Was arrested this evening for possession of cannabis (and theft, because I had my friend's mobile phone and they suspected I'd stolen it) taken to the police station and formally cautioned for possession. :banghead:
Apparently this stays on record for 5 years, but what are the practical implications?
Thanks
Apparently this stays on record for 5 years, but what are the practical implications?
Thanks
0
Comments
In direct answer to your question look here
I'm 22 years old - the grounds for the search was that I matched the description of suspects in a robbery crime spree in the area (youths riding pedal cycles) and I also had (the same friend's) debit card, as he had asked me to get money from a cashpoint for him.
The police officers involved were actually pretty decent and respectful (once they'd discerned I was middle class and had no previous record with the police) and in fact one of the officers apologised several times - I only had £10 worth of skunk and fully co-operated the whole time. The only really unpleasant bits were being handcuffed in public and being held in a cell for a few hours while they investigated the phone and bankcard.
Basically bloody bad luck!
Thanks for the link
Anyway done worry it means precisly fuck all, I know people who have 7 or 8 cautions.
You dont have to declare it on a job or other application, and it makes you more interesting so dont worry
I mean if you feel you were delt with appropriately then fine, as long as you're happy (given the circumstances).
Oh and a caution isn't 'fuck all' if you're planning to join some health service jobs or work with children. For example getting into Medical school can be alot harder with a drugs caution as you have to have a CRB check done.
Well, considering the pettiness of offence clearly it was quite a heavy handed approach. However, I do respect the fact that these police officers have a difficult job to do. Considering what they found on me in reference to the crime they were trying to investigate (since my profile fitted with exactly what they were looking for) I don't see how they could have done anything different - if anyone else had been in the same position I would hope they had done the same thing; they couldn't treat me any differently because I am middle-class and white after all.
Looking back I think I probably should have asked to see a solicitor; having said that I knew that once they had investigated the theft/robbery aspect to my arrest I would be in the clear - so it was always just the possession that could have been prosecuted. Since once I was processed and detained there was nothing else they could do but issue me with a formal caution (except for prosecute me!) I felt I was getting off with the minimum possible punishment I just kept my head down and took it. I have however requested a copy of the custody record and interview tape. Like I said, unfortunate circumstances.
Do you know of a list of jobs/employers that require a CRB check? I wasn't planning on working in the medical profession or with kids, but it would definately be useful to know what I'm restricted on now. Also I've read elsewhere on the internet it may prevent visa applications for other countries going through?
To be honest the only real thing I'm angry about is the law as it stands - and the fact that two police officers who were investigating a crime that actually hurts/inconvieniences people (robbery/theft/burglary) were taken off the streets for 3 hours to deal with someone who was not going to harm anybody; except (possibly) himself, which is no-one else's business. :rolleyes:
Most normal jobs will not ask, they will ask you about previous convictions, but after 6 months you do not need to disclose a caution under the Rehabilitation of Offenders Act 74 (is it? I can never remember the year).
Thanks for the info guys :thumb:
A caution is not a criminal conviction so does not have to be declared. It will probably show up on enhanced CRB checks though.
That's strange, the information I was given when I was cautioned (in my teens) said that I had to declare it for 6 months if I was asked on a job application.
From their website -
Probably because they just didn't know, or maybe you got a juve caution which I think is deleted on your 16th or 18th birthday so was it 6 months til your birthday? who cares.
I was once sacked for not putting a caution down. Because cautions were invented after '74 they are not mentioned in the 1974 Rehab of offenders act. and so are never 'spent'. I did look into it and apparently they were talking of making them immediately spent and were just waiting for a 'parlimentary vehicle' i.e. a criminal justice act to tack it onto. It would seem that they are too busy protecting us from 'terrorists' to actually do this. Every year or so I used to phone the home office to ask if they've got round to doing it yet but it doesn't matter to me any more as it seems to have been removed from my record.
Unless you are having a CRB check done then your employer cannot just ask to see your police record. Unfortunately I was working for the British Library in London (i.e. the government) so they did have access to my police file. I had just assumed it was spent as it was for something 6 years previous.
I do work with kids and have always (since then) put it on my CRB form that I have a caution but it always comes up clean so I guess the cops have got round to removing it as it was so long ago.
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