caution

[missled]

I was cautioned for shoplifting when I was about 12/13 and haven't been arrested since. I am due to start University in two months or less and I'm required to go back there to fill in CRB check forms. I don't want to say I had been given a caution if it isn't going to show up and visa versa. Could anyone shed some light on how long a caution actually lasts or if they have been in the same situation and what the out come was. Thanks

[pink_chick]

http://www.crbapplications.co.uk/content/view/ 17/37/

Follow the link, I think you will find it very useful to your qusetion hun!

[Elmoputney]

Also, the Rehabilitation of Offenders Act was amended recently (May) to include cautions. It now states that a simple cauiton is spent as soon as it's issued and a conditional caution after 3 months.

I know cautions used to appear on CRB checks as they never became spent as they weren't part of the act. I don't know, however, if the new amendment now means cautions don't show on standard CRBs as they are spent.

[Elmoputney]

Taken from the updated act.

1 (1) For the purposes of this Schedule a caution shall be regarded as a spent caution�
(a) in the case of a conditional caution (as defined in section 8A(2)(a)), at the end of the relevant period for the caution;
(b) in any other case, at the time the caution is given.
(2) In sub-paragraph (1)(a) �the relevant period for the caution� means (subject to sub-paragraph (3)) the period of three months from the date on which the conditional caution was given.
(3) If the person concerned is subsequently prosecuted and convicted of the offence in respect of which a conditional caution was given�
(a) the relevant period for the caution shall end at the same time as the rehabilitation period for the offence; and
(b) if the conviction occurs after the end of the period mentioned in sub-paragraph (1)(a), the caution shall be treated for the purposes of this Schedule as not having become spent in relation to any period before the end of the rehabilitation period for the offence.

And then once it becomes spent

3 (1) A person who is given a caution for an offence shall, from the time the caution is spent, be treated for all purposes in law as a person who has not committed, been charged with or prosecuted for, or been given a caution for the offence; and notwithstanding the provisions of any other enactment or rule of law to the contrary�
(a) no evidence shall be admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in England and Wales to prove that any such person has committed, been charged with or prosecuted for, or been given a caution for the offence; and
(b) a person shall not, in any such proceedings, be asked and, if asked, shall not be required to answer, any question relating to his past which cannot be answered without acknowledging or referring to a spent caution or any ancillary

[kaby]

if it is a course for medicine, veterinary medicine or veterninary science of any courses that involve vunerable children or adults you will have to undergo an enhanced CRB checks, and as these courses are exempt from the rehabilitation of offenders act past convictions, cautions and verbal cautions will show up. however the nature of your crime is not violent or sexual and was from quite a long time ago you should be fine, but do be upfront about it don't try to cover it up. good luck

[jonesyonline]

Elmoputney - where was this quoted from?? thanks

[Elmoputney]

I got it from here

http://www.opsi.gov.uk/acts/acts2008/ukpga_200 80004_en_30

[Elmoputney]

I should also add that they still do appear on Standard CRBs though. Just means that you never have to disclosure it and it can't be used against you unless you are having a CRB and it hasn't yet expired (5 years for class B and C, 10 years for class A). After the caution has expired it will only ever appear on an Enhanced CRB if it is relevant.