Criminal Records

[rd14962]

Someone has applied to me for a job, however they were convicted of common assault in November 2000, they claim this conviction is now spent. Before I go to the expense of checking this out, could somebody offer me some guidance please.

Many Thanks

[halfadaily]

It depends on whether or not he/she was given a police caution or not. If this was so then it would remain on police records for a period of five years from that date.

[Buenchico]

A conviction for common assault would normally only result in a fine or some form of community punishment, in which case the conviction have become spent in November 2005 (or in May 2003 if the person was under 18 at the time of the conviction).
http://www.lawontheweb.co.uk/rehabact.htm

Chris

[dannydingbat]

Buenchico is right, as usual but you do not say how this information was provided. If it comes from a CRB check, this may or may not show spent convictions depending on whether you get a basic check or and enhanced one. If the info was provided by the applicant, be careful. I have dealt with checking taxi driver applications and have seen all sorts of confusing and fuzzy info, ie. Assault on police described as a Breach of the Peace, GBH described as Common Assault and also the date of the offence being given as the date of conviction to suggest that it is spent.

[xrayspecs]

I'd steer clear in any event. People with convictions for violence show an incredible lack of self control. Your problem will be that you will never truely know what the trigger is.

[Pherstun]

I think it unfair to brand everyone who has ever assaulted anyone like that. You don't know what the reason behind the attack was - and people *can* change.