Can A Police Caution Be Overturned?

[Meg888]

In certain circumstances? I have been advised it can, but I'm not so sure.

[IggyB]

Only in very rare circumstances can a simple caution be overturned - by accepting the caution you have admitted to offence and it is very hard to undo this admission.

'There is no right of appeal against the administration of a simple caution
once it has been accepted by the offender and administered by the police.
However, it may be challenged by way of a formal complaint to the police
force that administered it and by a judicial review.'
http://www.justice.gov.uk/downloads/oocd/adult-simple-caution-guidance-oocd.pdf

[Meg888]

Thanks Iggy. My daughter was on way to school with another girl, when the other girl stole some alcohol from a shop. Whilst my D knew this girl was going to do this, she was not at liberty to stop her, so naively she just followed her. It was caught on CCTV and they were both arrested then cautioned. At the time my D was upset and frightened and the police were lovely with her (I was there while she was interviewed as she'd just turned 16) however, they said they had to charge her with 'Aiding & assisting' as she was seen standing next the to girl who stole. She totally accepts it was wrong and is grateful this was the worst that happened. However, she is starting 6th Form at a special needs school in Sept. They are an independant charity school, and have a huge amount of sponsors. Some of the students are put to work or apprenticeship with some of their biggest sponsors on leaving at 19 and a lot of these are in retail. The police advised the caution may effect should someone request a full CRB check, and I assume in retail they would? This may sound like I'm expecting my D to be treat any different from others, and I hope it doesn't come across that way, but due to her conditions, she has a much more limited capacity than some in terms of getting work and keeping it. Someone (a non-professional) has stated that because of the circumstances, the police may rescind it if I was to write and explain further. PS they were aware of her disabilities upon interviewing her.

[Buenchico]

>>>The police advised the caution may effect should someone request a full CRB check, and I assume in retail they would?

DBS checks (which have replaced CRB checks) aren't available [at any level] to the vast majority of employers. They're ONLY available where the posts involve contact with children or vulnerable adults, or where there's a connection with the administration of justice, etc. See this document for a list of the jobs covered:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/143666/eligibility-guidance.pdf

While that list shouldn't be regarded as totally exhaustive, employers in the retail sector most definitely do NOT have the right to seek DBS checks on potential employees. All they can do is to require them to disclose unspent convictions. At present cautions don't even count as 'convictions' and so never need to be disclosed. There are expected changes to the law which will bring cautions within the scope of the Rehabilitation of Offenders Act but, since they'll be given a zero rehabilitation period, they still won't have to be disclosed.