Home Home, Law & Money
If you need urgent support, call 999 or go to your nearest A&E. To contact our Crisis Messenger (open 24/7) text THEMIX to 85258.
Options

Police Warning = Criminal Record?

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
Had a call this eve from the police to have a chat about some malicious comms I've sent to someone (albeit 1 email, but that's not the point - I shouldn't have done it).

Bottom line is they say no action will be taken but if I contact said person again it will be escalated to harrassment. My question is will they keep what has happened on file at all i.e a criminal record? I haven't been charged for anything, just a polite (and fair) verbal warning.
«1

Comments

  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Depends if it was a formal or informal warning i think
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Well it was a phone conversation with the police officer, so I would presume informal? They said that should it be escalated to harrasment (if I contact this person anymore, which I won't), then they'll use the current comms as evidence - so that makes me think that they've got a record of it that's pretty permanent.

    Well, there goes any chance of a new job! Never mind.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I will ask the other half when i get off my butt or he comes down ;)
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Mac Sami wrote:
    Well, there goes any chance of a new job! Never mind.

    Don't be so silly.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    No, its not a criminal record. You have to be convicted in a court to get a criminal record.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Tweety wrote:
    I will ask the other half when i get off my butt or he comes down ;)

    Thanks, that would be appreciated.

    Excuse my over-reaction; without being too subjective, the communication didn't need the police involved, although I respect the action taken and it's a lesson well learnt.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Tweety wrote:
    Depends if it was a formal or informal warning i think

    A formal warning is not a criminal record either.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    There will be no criminal record as such, but there will be a note of the incident.
  • Options
    SkiveSkive Posts: 15,286 Skive's The Limit
    Tweety wrote:
    There will be no criminal record as such, but there will be a note of the incident.

    But it makes no difference in regards to employment.

    I've had a few cautions now. Each one just gained just after the last one expired. hehe
    Weekender Offender 
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Skive wrote:
    But it makes no difference in regards to employment.

    I've had a few cautions now. Each one just gained just after the last one expired. hehe

    No it doesn't. Was just answering the first post though.:)
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Skive wrote:
    But it makes no difference in regards to employment.

    I've had a few cautions now. Each one just gained just after the last one expired. hehe

    Cautions can come up on an enhanced CRB check.
  • Options
    SkiveSkive Posts: 15,286 Skive's The Limit
    Blagsta wrote:
    Cautions can come up on an enhanced CRB check.

    Only current ones though surely?
    Weekender Offender 
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Skive wrote:
    Only current ones though surely?

    Nope, all cautions can come up. They often don't though. They don't have time periods either.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Blagsta wrote:
    Cautions can come up on an enhanced CRB check.

    From my brief reading, that's what I feared. I think they remain for 5 years before they should be automatically removed - if they're not removed after 5 years you can request such.

    Still, thanks for your replies guys, much appreciated.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Mac Sami wrote:
    From my brief reading, that's what I feared. I think they remain for 5 years before they should be automatically removed - if they're not removed after 5 years you can request such.

    Still, thanks for your replies guys, much appreciated.

    There's a difference between a policeman ringing you up and warning you and actually getting taken into the station and getting an official caution.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Yerascrote wrote:
    There's a difference between a policeman ringing you up and warning you and actually getting taken into the station and getting an official caution.

    True, but I'd imagine either way a record of it is made in some way.
  • Options
    SkiveSkive Posts: 15,286 Skive's The Limit
    You said the gaver said no action will be taken, therefore it won't come up on any checks made so I wouldn't worry.
    Weekender Offender 
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Mac Sami wrote:
    From my brief reading, that's what I feared. I think they remain for 5 years before they should be automatically removed - if they're not removed after 5 years you can request such.

    Still, thanks for your replies guys, much appreciated.

    Are you thinking of applying for a job that requires an enhanced CRB check? If not, don't worry about it.
  • Options
    PearlyPearly Posts: 345 The Mix Regular
    We've just published a new article which may answer your questions about cautions/warnings that you may want to read:

    http://www.thesite.org/homelawandmoney/law/introuble/precourtpenalties
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    surely a report of the " incident " would be filed and along side it the officer would have written " NFA ", if anything further were to happen they would have a documented record of what was reported but no further action was taken. It's not a criminal record either.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Blagsta wrote:
    Are you thinking of applying for a job that requires an enhanced CRB check? If not, don't worry about it.

    No, not at present, but my initial reading indicated that it remains on the record for 5 years, so should I apply for a job in the next 5 years that requires an enhanced CRB check, it may be a sticking point.

    Just took a read of the article at http://www.thesite.org/homelawandmoney/law/introuble/precourtpenalties. It states police can only caution where:

    * There's enough evidence that you are guilty;
    * You are over the age of 18;
    * You admit to the offence;
    * You consent to the caution. If you don't, you may be charged.

    Does that mean all four requirements must be met? If so, the phone conversation I had with the police officer made no mention of any "consent to the caution". Yes, I admitted my offence, am over 18 (I'm 21) and there is proably enough evidence against me. But I didn't consent to a caution, and wasn't told I was being cautioned at any point in the phone conversation (i.e. there was not even an informal caution, despie it being verbal?)

    (Still, I made the front page of thesite with the post - I guess some good came out of this).
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It isn't a formal caution, as you need to sign for a formal caution in the police station. PACE rules and all that.

    Formal cautions can and often do show up on enhanced CRB checks, particularly if the caution is for violent or sexual offences. They also do go on your criminal anticedence, which will be admissible in court should you commit a further offence, and may also be admissible in court if you are a witness to an offence.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Mac Sami wrote:
    No, not at present, but my initial reading indicated that it remains on the record for 5 years, so should I apply for a job in the next 5 years that requires an enhanced CRB check, it may be a sticking point.

    Depends on the job you apply for. I have a couple of criminal convictions and work in a field where I need to have an enhanced CRB check. They don't stop me getting jobs. Remember as well that a caution is not a criminal conviction.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kermit wrote:
    It isn't a formal caution, as you need to sign for a formal caution in the police station. PACE rules and all that.

    Formal cautions can and often do show up on enhanced CRB checks, particularly if the caution is for violent or sexual offences. They also do go on your criminal anticedence, which will be admissible in court should you commit a further offence, and may also be admissible in court if you are a witness to an offence.

    Okay, but is it even an informal caution / warning, based on my last post? That's the issue.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    An informal caution won't show up, as the whole point is that its informal. It's just a copper having a quiet word saying don't be a plank.
  • Options
    PearlyPearly Posts: 345 The Mix Regular
    You would have been told you were getting a caution, if you were, and you would have had a letter confirming it as well - so looks like you were lucky and it won't go on your record...
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Just to let people know who were asking about an enhanced discolsure - an enhanced discolure basically looks at all local police information on a person in addition to an criminal record. It might find something in this case if the policeman has made any record of the incident - but it's highly unlikely to have an effect on getting a new job in the future - though that might depend on what notes were kept on file.

    To be honest though, even then, it's unlikely you'd have to do any more than just explain it and as others have mentioned you've just had a quick word from a copper about your actions rather than been given a permanent black mark.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Enhanced disclosures come back with this 'Additional Comments' box, where they witter on about things they have on file about you, whether there was any real evidence or not (and have in the past been known to be inaccurate).

    It's then up to the employer to ignore what they disclose, or ask you to explain it.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Thanks for the info. Next question - is there any way to request what the police have on file about me?
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Yes. Its called a PNC Subject Access Request. Go to your local police force's website, they should have the form available as a PDF file.
Sign In or Register to comment.