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Police cautions

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
Hi,

I need some advice before I go down the lengthy road of researching this matter.

2 years ago I was arrested 3 months after an incident where I was the victim of assault (the other fella claims I did more damage to him, etc.). Anyway, at the station I had to have my story recorded, DNA and 'prints taken. Just before I was allowed to leave a senior officer came down and said that she was informally cautioning me for what happened. I remember specifically asking if this would show up on any future records, which she said 'absolutely not - this is between you and us only'. I should stress that I'm quite sure I didn't sign anything at any point.

So anyway I've recently lost a job with the NHS because this caution I received showed up on an enhanced disclosure - I didn't mention it on the form because, basically, I was told it shouldn't be there and I didn't want to jeopardise the job unnecessarily.

My question is: do INFORMAL cautions show up on Enhanced CRB checks? I'm led to believe they don't, but I wonder if anyone has concrete info on this. I thought that only FORMAL cautions showed up on these checks (because they're on the PNC).

Anyway, many thanks for any help you can give.

Ash.

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Thanks for that katralla.

    Right...so it's ANY cautions that need to be declared on an extended disclosure. OK well that's that out of the way. However, looking through my copy of the disclosure, it does not mention what kind of caution it is - just comes under 'cautions'.

    Is there any way of finding out if this caution is informal or formal?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    When you have an enhanced CRB check for a job like with the NHS they don't just search the PNC, they manually search for things like informal cautions e.t.c. with the relevant forces. I've had a few emails from potential employers about people.

    It's for the greater good I suppose, we saw what happened with Huntley. It's worth noting that a regular caution wouldn't necesarily disqualify you from a job, let alone an informal one. I think you didn't get the job simply because you didn't tell them about it, which sucks really.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It's also worth being aware that they can only give out accurate and correct information on the disclosures, so if you feel it is inaccurate in any way, or paints the wrong picture you can contest it.

    Enhance CRB disclosure are strange beasts and in many ways do away with 'Innocent until proven guilty'.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    ashhu wrote: »

    So anyway I've recently lost a job with the NHS because this caution I received showed up on an enhanced disclosure - I didn't mention it on the form because, basically, I was told it shouldn't be there and I didn't want to jeopardise the job unnecessarily.

    What was the question on the form? If it just asked for your convictions then you haven't done anything wrong IMO and have been unfairly dismissed. Yes, intelligence shows up in an enhanced CRB, but I can't believe the form asked what info the police might have about you, merely your convictions. I'd get some proper legal advice if I were you. Also, there's no way you would have known they would report that back to your employers as I don't think the CRB or police or whoever, tell you what will be released about you for enhanced CRB>
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Thanks very much for the replies everyone. To be honest I can't remember exactly what the form asked for now, but I'm sure it didn't say about cautions. Well that's that now, I am just wondering if I should do something about what it actually says but that's another matter entirely.

    I think I'll see what the information commissioner says, with a letter, but at least I'm safe knowing that it will be taken off in 3 years time.

    Thanks again!
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Not necessarily.

    They can keep the stuff in that stupid notes bit on the bottom on enhanced CRBs for as long as they like.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Well the caution isn't in that section at the moment. I suppose if I ever did need a CRB done again (which I will), I'd first try to find out what was on my record. If revealing something that wasn't there could jeopardise the job, that is. Otherwise it's probably just best to mention something and find it not to be there...
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    the enhanced crb does release info that's just 'intelligence' whether it's right or wrong so I don't think anyone's done anything wrong that way. I do think you've been sacked for a shit reason though. are/were you a member oft he union?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Oh no, basically I was given the job on a conditional offer subject to a clean CRB check. That came back 'dirty' and they withdrew the offer and my job. I'm very annoyed at the way I wasn't even given the chance to explain anything and am indeed considering a formal complaint or sorts.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    only cautions that youve signed for should show up on your record
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Jaz wrote: »
    only cautions that youve signed for should show up on your record

    But as has been explained there is a difference between your criminal record and what is gone through by the enhanced CRB check.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Thanks Jaz, that's basically what I've been thinking all along. The only problem is, I can't remember signing anything about it. How would I find out if I did or not?

    On my particular CRB report the cautions come up under the cautions section...not the additional notes section. Does that make a difference?

    Anyway, as I understand it the whole thing can be written off in 5 years anyway (3 years to go...).
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