Removal of a caution

[emz_06]

Hi

I have a general question about a Police caution if anyone can help or advise. The Law was changed in October 2009 whereby if anyone applied for a CRB a caution would now show forever. Before this cautions would only show on a CRBf for upto 5 years, after that the police would not disclose a caution and maybe remove or just ignore it if a CRB was requested. What happens if someone recieved a caution in 2007 at the time where the Law stated that after 5 years it would no longer count? Or would it go by current Law even though it should go by what the Law that was in place at the time of caution/conviction?

Any ideas, help would be appreciated!

Thanks!

[Buenchico]

The law never stated that cautions had to be removed after 5 years. Police authorities simply had the discretion to do so. That discretionary power was effectively removed by the 2009 court ruling. Since then all cautions (even if they were given prior to that date) remain on file for life.

[tonywiltshire]

Cautions (including reprimands and warnings) are covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). This means that if you are asked on an application form if you have a caution you can reply 'no'. For conditional cautions it would be after 3 months since the caution was issued, up until that time you would have to reply 'yes'.This applies retrospectively so applies to anyone who has ever had a caution (including reprimands and warnings), regardless of when it was given. If the application form says that the post is exempt from the Rehabilitation of Offenders Act 1974 then the caution must be disclosed, no matter how long ago it was given.However, this does not mean that it will not be disclosed on a CRB check. Under the current system all cautions, reprimands and final warnings are disclosed on both Standard and Enhanced CRB disclosures no matter how far back they go. If a caution / reprimand / warning is on record then it will be disclosed.Cautions will always remain on a person's record.