News0 min ago
double whammy!
ok heres the scenario...a person has been given a fpn for theft..no arrest, on the spot caution (whatever that means) and so a criminal record right? so what happens if the same thing was to happen again? apart from the person being stupid. Obviously a different offense say driving would result in another fine but what about another theft or common assault? any suggestions
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Police have guidelines which suggest how many multiple cautions or FPNs should be issued for a serial offender committing the same or a similar offence. Ultimately, subsequent offences should lead to prosecution through the courts but the number of cautions or FPNs issued before this happens will vary.
The caution or FPN, whilst not a criminal conviction (in particular because no admission of guilt is necessary or can be inferred later), will be recorded against the individual and will appear whenever his �previous� is raised.
The danger is that because the process of taking someone to court for a relatively minor offence involves so much work, police issue cautions or FPNs when it may not be entirely appropriate.
The caution or FPN, whilst not a criminal conviction (in particular because no admission of guilt is necessary or can be inferred later), will be recorded against the individual and will appear whenever his �previous� is raised.
The danger is that because the process of taking someone to court for a relatively minor offence involves so much work, police issue cautions or FPNs when it may not be entirely appropriate.
As NJ states, an FPN is not the same as a criminal conviction. The Home Office website confirms this:
http://www.homeoffice.gov.uk/anti-social-behav iour/penalties/penalty-notices/
(See the final paragraph).
Since there is no criminal conviction, the Rehabilitation of Offenders Act does not apply. (i.e. there's no defined period for an FPN to become 'spent').
If the person in your question is asked, on an employment application form (or at a job interview) "Do you have any criminal convictions?" or "Do you have a criminal record?", that person can (assuming that he/she has no actual unspent convictions) lawfully answer 'No'
If an employer carries out a CRB check at 'standard' level, an FPN will not show up.
If an employer carries out a CRB check at 'enhanced' level, the FPN will not automatically show up, but a senior police officer can include any information which he (or she) deems to be relevant for the purposes of the check. Such information can include FPN's, unsubstantiated allegations against the job applicant or even information about the applicant's partner or family members.
Chris
http://www.homeoffice.gov.uk/anti-social-behav iour/penalties/penalty-notices/
(See the final paragraph).
Since there is no criminal conviction, the Rehabilitation of Offenders Act does not apply. (i.e. there's no defined period for an FPN to become 'spent').
If the person in your question is asked, on an employment application form (or at a job interview) "Do you have any criminal convictions?" or "Do you have a criminal record?", that person can (assuming that he/she has no actual unspent convictions) lawfully answer 'No'
If an employer carries out a CRB check at 'standard' level, an FPN will not show up.
If an employer carries out a CRB check at 'enhanced' level, the FPN will not automatically show up, but a senior police officer can include any information which he (or she) deems to be relevant for the purposes of the check. Such information can include FPN's, unsubstantiated allegations against the job applicant or even information about the applicant's partner or family members.
Chris
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