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reprimands/warnings/cautions.....meaning?
A few years ago, i tripped over a black bin bag as i turned a corner on my way home from a big party, i was very drunk, and the police were passing just at that moment, so they stopped and picked me up.
they took me home but just as i was walking up the steps to my door i tripped again (i had flary trousers on which didn't help either, Lol) so they decided to take me to the station (?) as they felt i may not be safe (a bit over the top) but i was amiable and happy at the time so went with them.
they just put me in a cell to have a sleep and let me go about 3 hours later
problem is, i have just had a police check done for work and this has come back as the above details are just "drunk on a public highway" - i was not cautioned or warned or anything and it is saying i was photographed and fingerprinted etc (!) i was not, but the mention of these makes this sound much worse than me being taken to the station as they feared for my safety.
it is listed as a miscellaneous offence!
can i get this corrected as the work is with kids and i don't want employer thinking i was arrested for something bad
thanks
they took me home but just as i was walking up the steps to my door i tripped again (i had flary trousers on which didn't help either, Lol) so they decided to take me to the station (?) as they felt i may not be safe (a bit over the top) but i was amiable and happy at the time so went with them.
they just put me in a cell to have a sleep and let me go about 3 hours later
problem is, i have just had a police check done for work and this has come back as the above details are just "drunk on a public highway" - i was not cautioned or warned or anything and it is saying i was photographed and fingerprinted etc (!) i was not, but the mention of these makes this sound much worse than me being taken to the station as they feared for my safety.
it is listed as a miscellaneous offence!
can i get this corrected as the work is with kids and i don't want employer thinking i was arrested for something bad
thanks
Answers
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I hesitate to question Danny's advice on legal matters (because he's a solicitor and I'm not) but, regrettably, I don't think that the CRB will be able to help you.
Following the Soham murders, the procedures for carrying out checks on people working with children were (rightly) tightened up. Ian Huntley was given a job as a school caretaker because the relevant checks showed that he had no criminal convictions. Understandably, there is now a much greater emphasis on obtaining any 'relevant' information about a person working with children, irrespective of whether they've ever been convicted of (or received a caution for) an offence.
While this obviously makes a great deal of sense, it does give rise to the question as to what should be regarded as 'relevant' (and, equally, as to who should make the decision about what is, or isn't, 'relevant').
I hesitate to question Danny's advice on legal matters (because he's a solicitor and I'm not) but, regrettably, I don't think that the CRB will be able to help you.
Following the Soham murders, the procedures for carrying out checks on people working with children were (rightly) tightened up. Ian Huntley was given a job as a school caretaker because the relevant checks showed that he had no criminal convictions. Understandably, there is now a much greater emphasis on obtaining any 'relevant' information about a person working with children, irrespective of whether they've ever been convicted of (or received a caution for) an offence.
While this obviously makes a great deal of sense, it does give rise to the question as to what should be regarded as 'relevant' (and, equally, as to who should make the decision about what is, or isn't, 'relevant').
The CRB website states this:
"Enhanced Disclosures are for posts involving a far greater degree of contact with children or vulnerable adults. In general, the type of work will involve regularly caring for, supervising, training or being in sole charge of such people. Examples include a Teacher, Scout or Guide leader".
More importantly, as far as your situation is concerned, it also says this:
"Enhanced Disclosures contain the same information as Standard Disclosures but with the addition of local police force information considered relevant by Chief Police Officer(s)".
So, it seems that it's not up to the CRB to choose which information should be included in an enhanced disclosure. If your local Chief Constable thinks that it should be included, they have no alternative other than to put it in. (i.e. if you want to get the information deleted, you'll have to write to the Chief Constable, not to the CRB).
In practice, I doubt that you've got much to worry about. I spent 15 years teaching and I knew a large number of teachers who were involved in 'minor indiscretions', such as yours. If they stopped them all from teaching, the country's education system would grind to a halt!.
Chris
"Enhanced Disclosures are for posts involving a far greater degree of contact with children or vulnerable adults. In general, the type of work will involve regularly caring for, supervising, training or being in sole charge of such people. Examples include a Teacher, Scout or Guide leader".
More importantly, as far as your situation is concerned, it also says this:
"Enhanced Disclosures contain the same information as Standard Disclosures but with the addition of local police force information considered relevant by Chief Police Officer(s)".
So, it seems that it's not up to the CRB to choose which information should be included in an enhanced disclosure. If your local Chief Constable thinks that it should be included, they have no alternative other than to put it in. (i.e. if you want to get the information deleted, you'll have to write to the Chief Constable, not to the CRB).
In practice, I doubt that you've got much to worry about. I spent 15 years teaching and I knew a large number of teachers who were involved in 'minor indiscretions', such as yours. If they stopped them all from teaching, the country's education system would grind to a halt!.
Chris
I'm amazed they took you home in the first place as they are not a taxi service and after getting so close to your home front door then took you to the police station to sober up for three hours. It sounds like there may be a little something else gone on that either being quite drunk you can't remember. It sounds to me like they may have fined you for the offence - but you would have known about it as soon as you sobered up. They usually leave you a bit longer than 3 hours to sober up too.
It all seems very strange. You need to investigate it fully.
It all seems very strange. You need to investigate it fully.
Chris
I deal with taxi driver and alcohol licensing and am familar with the CRB procedures and the differences between the variousl checks The reason I was being a bit frugal with my answer was because the CRB do make lots of mistakes and, if as the enquirer has detailed, they will count against the individual in respect of the work they are doing, this needs to be investigated. Perhaps I find it difficult, in these days when possession of crack cocaine will not prevent you having a personal licence to be in charge of a pub, that another person can have details given to an employer which include unproven and false information.
It seems that they have obtained an enhanced check which includes police intelligence
I deal with taxi driver and alcohol licensing and am familar with the CRB procedures and the differences between the variousl checks The reason I was being a bit frugal with my answer was because the CRB do make lots of mistakes and, if as the enquirer has detailed, they will count against the individual in respect of the work they are doing, this needs to be investigated. Perhaps I find it difficult, in these days when possession of crack cocaine will not prevent you having a personal licence to be in charge of a pub, that another person can have details given to an employer which include unproven and false information.
It seems that they have obtained an enhanced check which includes police intelligence
-- answer removed --
almc - i would have agreed with you - if i had been that drunk, but i don't think i was - it was just that i kept tripping and they must have assumed i was a danger to myself - i had walked most of the way home already and was fine - i tripped at the door because i was fumbling for my keys - admittedly i wouldn't have tripped either time had i not been drunk, but still.
there was no fine, as i had no money on me, and there isn't one on the sheet
i certainly wasn't any trouble. being drunk is not an offence surely.
there was no fine, as i had no money on me, and there isn't one on the sheet
i certainly wasn't any trouble. being drunk is not an offence surely.
Something happened on your doorstep that I don't think you remember. For them to take you home - fair enough - for you to get up to your door and fumble with your keys - well you're going to if a bit tipsy, your home and dry - no trouble half in the door, but then to change the whole situation and go to the trouble of locking you up to sober up when you would have done anyway at home in bed, is very strange. They must have arrested you - you don't have to go with them to the station unless they arrest you. They would have read you your rights. Then at the station you would have been processed as a prisoner, valuables, belt etc taken off you and put into a cell. If then when you have sobered up they haven't charged you - again that's strange. They could have given you a fixed penalty - you would have had to pay a fine - but if you say you haven't paid a penny or been to court then that doesn't add up either. If you were charged - it must have been serious enough and oyu would have been summoned to court. Again you would have known about it. I don't think "being drunk on a public highway" is in itself an offence only when it becomes Drunk And Disorderley. I think that depends where you are in the country as different forces have different procedures and laws regarding these type of offences. One of the solicitors on here might be able to enlighten on that part of it - maybe it's an arrest record. If you have been arrested which you must have been, but nothing became of it - you will have an arrest record. I think this is likely.
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