Caution crisis
Question
I have been offered a job, and need to fill in a CRB form before they confirm the post. The trouble is, I received a police caution two years ago and I'm worried it'll affect my chances. Is this true?
Answer
The answer to your question will depend on whether the caution was formal, informal or a caution for a recordable offence.
Formal cautions, reprimands and warnings are not criminal convictions. This means they are not covered, in England and Wales, by the Rehabilitation of Offenders Act 1974 or, in Northern Ireland, by the Rehabilitation of Offenders (NI) Order 1978. Therefore, if the Criminal Records Bureau (CRB) check asks if you have a conviction you do not need to declare a caution. It is only if it asks whether you have been in trouble with the police that you will need to declare it.
Since December 1995, records of cautions for recordable offences (for which a client could be imprisoned), are held on the Police National Computer (PNC). Guidance states that they should be deleted after five years. Even so, records are not automatically deleted. What's more, some police forces retain records for longer than five years, and others indefinitely.
If a job applicant has applied for a job (or in some cases, is already in a job) that includes regularly caring for, training, supervising or being in sole charge of children or vulnerable adults, they will be asked to apply for an Enhanced Disclosure form and if you're asked to apply for this type of disclosure you will need to declare any cautions.
For further help and information you can talk to someone face-to-face at your local Citizen's Advice Bureau (CAB).
Updated: 09/12/2010
Question answered by CAB
