police caution

[mrhelpfull]

please can someone help me, is there anyway to get rid of a police caution after 11 years, the offence I did not commit it was using public communication systems to send menacing matter, I was taken in for questioning and it turned out to be a girls voice on the answer phone, at the time me and the police officer had a good laugh about it, the problem is it looks so bad on paper and I am very imbarresed about it, please help can I get this removed from a CRB check. solicitor maybe?

[Ethel]

You must have admitted guilt to have the caution. If you didn't admit the offence you could not have been cautioned.

I can't see how you can change things now.

[mrhelpfull]

thats strange are you sure it works like that, as I said before me and the police officer knew it was not me???

[Ethel]

It does work like that. You can only get a caution if you admit guilt and say 'yes it was me, I did it and I'm sorry'.

If you say you haven't done it, you cannot be cautioned and the matter could go to court.

So you either admitted guilt at the time and were cautioned, or you said you didn't do it and the matter was dropped - so there is no record against you.

[THECORBYLOON]

This is what it says on the Police National Legal Database-
"A caution is a formal warning that is given to an adult who has admitted the offence. If the person refuses the caution then they will normally be prosecuted through the normal channels for the offence.

Although it is not technically classed as a conviction it can be taken into consideration by the Courts if the person is convicted of a further offence.

Cautions are not covered by the Rehabilitation of Offenders Act 1974 so will never become spent. Depending on the type of offence they are 'stepped down' after a set period of time (5 or 10 years).

This basically means that they will only be visible to police staff and not other agencies who do checks. The exception to this is if a person is the subject of an Enhanced
Disclosure and then if relevant it will be disclosed.

Even after five/ten years the caution can still be disclosed if you apply for certain types of jobs, i.e. police, teacher, or jobs working with children and vulnerable adults. It will be disclosed if it is relevant to the job you are applying for."

[mrhelpfull]

thanks for all your help, I am lost for words should I get a solicitor involved this is totally wrong

[Reverandfunk]

Without trying to sound like a smart ar5e why didn't you do something about it 11 years ago and accepting a caution means that you admitted guilt. If it wasn't you, nothing would have happened.

[mrhelpfull]

I had no idea I had a caution untill I had a CRB cheack done, that was only last month its a total shock that its on there.

[paul5166]

Unfortunately, the advice given is not accurate, i was cautioned and never admitted guilt, i was offered the caution instead of getting charged! it may be that the correct procedure is a caution is offered after an admittance of guilt, however the reality is a caution is offered in order to prevent any extra work for the police and cps! a caution is only recognised by the police for 2 years and by the courts for 5 years! it is possible to have them removed, contact the crb and ask them how to go about this! Cautions are usually only offered for minor offences and the system is not designed to disadvantage individuals for the rest of their lives! a caution is as it says a warning it is not a proof positive of guilt!!