Pommy Dan

Dear All

Just having a major panic about my UK Police check.

I am (still) hoping that it will arrive before i lodge my application and thus negate the needs for this question, but incase it doesn't...

Will a CAUTION i recieved at age 18 (15 years ago) appear on the Police check?

If so, do i have to disclose it in the 47SP Q81;

'Have you been convicted of any crime or offence in any country?'

To my understanding, a CAUTION is not a CONVICTION. Is it?

Thanks

D

Pollyana

No, technically a caution is not a conviction, you are correct.

Cautions do now go onto the Police National Computer though, as from about 1994-5. They do have a "life" after which they should be weeded, This is generally around 3-5 years, depending on the offence. The only way to know for sure whether a caution is still recorded is to apply to your local police for a subject access check, and then see what you get back. If it is 15 years old, and is something relatively minor then it shouldn't be still on there, and if it is then you can write to the Commissioner at New Scotland Yard and request its removal.

Polly
(former criminal record checker!)

Pommy Dan

Thanks for that Polly. I appreciate your advice.

Next question is do i disclose it if i haven't yet eye balled my Police Check before i lodge.

I could be opening myself up to hassle / or could be construed as not giving all information...

My 457 expires end of next week, so have to lodge before then.

Ta...

Pollyana

If I were in your shoes, I would declare it, on the grounds that its a long time ago, and its highly unlikely to affect your application unless its for something nasty (serious drugs/violence/sex etc).
If you are talking of something of the ilk of shoplfting/criminal damage/minor theft it won't affect the application, and you will be seen to have been completely honest. The worst that will happen is that they will ask for a character reference to prove you've reformed, but that usually happens with people who have convictions rather than a very old caution.

(this is personal advice btw, not professional, based on my years on the forum and my previous career.)

Pommy Dan

yeah, perhaps honesty is the best policy here, even if it means a bit more graft.

i was cautioned for unlawful possession of a Schedule B controlled substance.

she'll be right, wont she?

Hopefully my 'clean' police check will land in Aus before i lodge my app....

Thanks again Polly

Pollyana

SHould be OK, it was only a caution, good while ago. You can always write a statement to go with it about how you were young and foolish and have seen the error or your ways and are a reformed character now. Several people on here have done that, with far worse records, and not had a problem

Sheff_Sparky

what about a caution you received at the age of 14/15?

JAJ

I didn't think that cautions were issued to those under 17 but perhaps I am wrong.

jutang

Hi,

I applied for my pmv and was stressing about this one as I had been cautioned when I was 18 (11 years ago) for smoking dope @ a music festival - I stressed myself silly over this one. My police check came back clear, but I stil declared it as honesty is best policy - whats the point of hiding it, you are right a caution is not a convistion this is why I didnt declare on my WHV visa as they only ask for convictions , but on my PMV it asked if you have ever been found guilty of an offence, which technically I have as being cautioned is admitting gulit. Polly is right, decalre it - unless you are a major criminal I wouldnt worry. What I did also is backed up my character reference with work references and evidence of the running I do for charity and a few letters from my past uni lecturers stating what a star student I was. It all helps but im sure I stil would of got the visa even without these. Good luck!!

Pollyana

Yes, juvenile cautions can be issued in the UK if the offence is considered serious enough. Often an option to keeping th child out of court, but in order to be cautioned the person (child or not) must have admitted the offence. Juvenile ones are usually eligible for weeding when the person reaches 17 though - again depending on the offence. .

yanchep

I didnt declare my two cautions which I didnt think would come up on my police checks, but they did, so today I have had to sign a letter sent to me by my agent to say that I had answered the question wrongly and give my reason as to why I didnt declare my cautions, so I would say declare all whether you think it will show up or not.

ex_exile

Cautions are recorded on the police database (how could they not be?) and hence really should apear on a records check as [has been previously discussed on the ACPO thread] a subject access request is a request for information held on you in police computer systems. But as Polly will point out the records checkers do a manual check and may(?) filter them out as they are not criminal convictions, so they may or may not appear.

From the home office: http://www.homeoffice.gov.uk/police/powers/cautioning/

Pommy Dan

Hmmm, clear as mud, basically.

A caution is not a conviction, but may or may not appear on your Criminal Record check.

Strikes me that honesty is the best policy and although i will say 'NO' to the criminal conviction part of Q81, i will add a sentence or two in the additional information about my caution.

Of course, if i am lucky and my caution has been 'weeded' AND i get to see it before it is lodged i will keep schtum.

if a copper does an actual check on me (as if he has pulled me over or whatever), does mine the same db as the police check? ie can i get a friendly copper to do a PNC on me and be confident his results are the same as those on my PCC?

Pollyana

If a police officer does a check on the police national computer, he will see the information that you would get, plus other info that might be there - wanted/missing reports, description taken at any previous arrests, address at any arrests in the past, that kind of thing.

HOWEVER - what you are "proposing" is illegal, the information on the PNC is protected by law, and so is it's release. Any person - police or civilian staff - releasing unauthorised information to the public is likely to lose their jobs, and may well be prosecuted into the bargain. They have to log every check they make and log the reason for it, and I wouldn't recommend that you ask anyone - not really fair to put them in that position. .

Pommy Dan

^^^ thanks again Pollyanna, good point about the illegality of disclosure for personal reasons.

A few family friends are in the job, but i wont embarrass them by asking to do a PNC on me.

Now for the wording of my 'i was young, dumb and full of....' statement...