Police Caution- how long does it last and can they be quashed?

[Snookered76]

In a nut shell I made 3 mistakes about a year ago. Mistake 1- I placed my hand on the shoulder of a waiter who was working for me at my place of work- as we exchanged some heated words not relating to work,- there was no mallice or aggression. Mistake 2 - when the police arrived serval hours later to take me in for questioning I believed common sense would prevail and answered the questions honestly and without council- as I believed that it was all some miss understanding being blown out of the water by an employee working his last shift for me. Mistake number 3 - I just sat there (all be it in shock) when I was formally cautioned with assault. My question is- how long does this stay on my record and is there any way in which I can try and appeal? As its my only time I have een on the wrong side of the law it worries me any possible future career plans. My employer investigated the incident and allowed me to return to work with no actions taken- however its still on my record so whay can I do? Any help or advice would be amazing,- thank you.

[boxtops]

I don't know, but perhaps someone else on here will....

[fuggy]

if my memory serves me right. 1 it would have been a minor coviction which is spent after three years 2 a police caution is not a conviction. i cannot understand how this went as far as you state. this at best would have been a common assault and not a police matter. i would not lose any sleep over this and i would not declare it to anyone. its not a hanging offence.

[ABerrant]

Cautions will remain recorded on the PNC until the subject's death (or age 100). There are only exceptional circumstances when a caution could be removed from a person's record and such incidents are rare. Examples of such possible circumstances are that it was found that the original arrest or sample was unlawful or where it was found beyond all doubt that no offence existed. Any requests that fit the above criteria should be directed to the Chief Constable of the force concerned.

[Buenchico]

Just to back up ABerrant's post:
Police forces used to be allowed to 'step down' cautions after a set period of time but, following a court ruling, cautions are now retained on file for life (or, for pedants, until the person's 100th birthday).

So a caution will always show up on any CRB check at 'Standard' or 'Enhanced' level. Those are the only two levels of check available in England and Wales, but they are only available to employers and organisations when the employee (or volunteer) will be working closely with, or alongside, children or vulnerable adults (or when the work involves national security or the administration of justice). Other employers have no rights to access criminal records.

In Scotland and Northern Ireland employers can also apply for a criminal record check at 'Basic' level. (Such checks are available to all employers, whereas 'Standard' and 'Enhanced' checks are again restricted to certain occupations or voluntary activities). 'Basic' checks do not show cautions or spent convictions.

You can't be cautioned unless you agree to accept that caution (which is effectively an admission of guilt). Once you've agreed to accept the caution the chances of getting it revoked are extremely low (unless, for example, you could show that you didn't have the mental capacity to make an informed decision about whether or not to accept the caution).

Chris

[Snookered76]

Thanks for the help and advice.

[paddiez]

So, if I was given a caution and no mention was made of the fact that I could reject it means I have a legal right to have it recinded?

[DTCwordfan]

So, in conclusion, I read that as you can become a restaurant manager when you turn 100.

Life Expectancy may then promote that - meanwhile, is you believe there has ben a travesty of justice, then you ought to contact a solicitor.

A letter of support from your employer to the solicitor as to your "innocence" would be most useful.

[Buenchico]

Paddiez:
As I've stated, you have to agree to a caution:
http://www.direct.gov...bythepolice/DG_196450
If you were asked to sign something, you almost certainly did that, so you'd find it very hard to challenge the caution. You'd certainly need professional advice in any case.

[Toureman]

Why don't you ask in the correct catogary ?

http://www.theanswerbank.co.uk/Law/Criminal/

[bradley1960]

It will stay on your record for five years and only a high court decision can get it removed. After fiv years, it will be regarded as "spent" and will no longer appear on your record.