Quick Answer: Do I Have To Declare A Caution?

Is a caution a criminal record UK?

A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime.

Cautions can show on standard and enhanced Disclosure and Barring Service (DBS) checks..

What happens when you get a caution?

that accepting a caution is an admission of guilt and that it will form part of the recipient’s criminal record; that the record of a caution will be retained by the police for future use and might be referred to in future legal proceedings and might be revealed as part of a criminal record check; and.

Do I have to declare a caution on a DBS check?

The DBS filtering system prevents certain cautions and convictions from appearing on DBS certificates. Whether a caution or conviction is filtered will depend on the type and age of the offence. Job applicants have no legal obligation to disclose to their employer any caution or conviction which would be filtered.

Can you join the police with a caution?

Over the last few years, the rules regarding eligibility to become a police officer have been slightly relaxed. However, there are still strict entry requirements and some convictions/caution will result in your application being immediately rejected whilst others will be considered on a case by case basis.

How long does a caution stay on your record UK?

six yearsIf you admit an offence, the police can give you a caution. A caution is not a conviction. A caution is a warning which stays on your record for six years if you’re an adult, or two years if you’re under 18.

What is the police caution words?

The police must explain this to you by reading you the police caution: “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Do I have to accept a caution?

You do not have to accept a caution! A caution is a possible outcome of an arrest, which you may be offered instead of being charged. The police make cautions sound less serious, but they are an admission of guilt, and will still go on your record.

What is a simple caution?

A simple caution is a non-statutory, non-conviction disposal for adult offenders aged 18 or over. Simple cautions are normally issued by the police at a police station. A simple caution is not the same as a conviction but can have significant consequences (see below).

Can I go to America with a caution?

Any individual who has received a caution for a crime involving moral turpitude or a controlled drug offense will be ineligible to travel to the U.S on ESTA, regardless of the date of the caution.

What’s a spent caution?

Spent convictions are those convictions that have reached a set period as defined by the Rehabilitation of Offenders Act 1974, and are removed from an individual’s criminal record. Unspent convictions are those records that have not yet reached this defined time and will appear on a Basic Criminal Record Check.

How long before a caution is spent?

3 monthsPer the Rehabilitation of Offenders Act 1974, simple cautions, reprimands and final warnings become spent (meaning that they do not need to be disclosed, unless applying for particular types of work) immediately, and conditional cautions become spent after 3 months.

How long will a caution stay on my DBS?

6 yearsPolice Cautions and Enhanced DBS Certificates On an enhanced DBS certificate, a police caution will definitely show up for 6 years (2 years for youth cautions) after which it will be protected and will most likely be filtered off of a DBS certificate.

Can I check my criminal record UK?

Who can check your criminal record. Employers can check your criminal record no matter what role you apply for. This is called a Disclosure and Barring Service ( DBS ) check. For certain roles an employer can request a more detailed DBS check, for example if you’ll be working with children or in healthcare.

What happens if you don’t accept a caution?

You should be aware that if you do not accept the caution there is a risk that the police will charge you with a criminal offence and court proceedings will be initiated. Equally if you accept a conditional caution and fail to comply with the conditions then court proceedings will be initiated.

Who can give a caution UK?

Simple caution Simple cautions can be given to anyone over 10 years of age, for minor crimes. To receive a caution, there must be sufficient evidence to prosecute and the offender must admit guilt and agree to be being cautioned. If an offender refuses the caution, they can be charged with the offence.

Will a caution Show on enhanced DBS?

An Enhanced DBS check shows full details of a person’s criminal record such as cautions, reprimands, warnings, spent and unspent convictions. The check also searches the DBS Children’s Barred List or the DBS Adult First checks to ensure the applicant is suitable for working with children or vulnerable adults.

Can I get a caution removed from my record UK?

A caution on your record may even impact on your travel plans. … It is possible that in certain circumstances, Police cautions can be removed from your record. Our specialist solicitors have experience of assisting clients to get cautions removed from their records held by the Disclosure and Barring Service (DBS).