How Do You Know If You Have A Criminal Record?

[buffymad]

The question says it all! A friend some years back had to stay overnight in the cells at a police station for GBH. He was cautioned and it went no further. A new company is taking over his current employers and the blurb he's received says something about criminal records/convictions etc. Would he have a criminal record through that does anyone know? He's just wondering whether he should say anything to new employers or not.

[DJHawkes]

no it's not a criminal conviction

[bednobs]

is he going to have a CRB check with the new employers?

[ummmm]

But cautions do stay on your records?

[Baldric]

http://www.dailymail.co.uk/news/article-2227522/Police-cautions-lead-100-year-criminal-record-wreck-prospects-getting-job-going-university.html#axzz2Jw23UksW

[DJHawkes]

yes and they can be mentioned in court to highlight bad character according to the government website. but if the new firm are asking specifically about criminal records and convictions then there isn't one to admit to

[RATTER15]

A caution will show up on a CRB check as it will be recorded but that is not a conviction, yes he should advise an employer that it may be there.

[RATTER15]

Dot, he says he has been cautioned, that needs to declared as it will be on his record.

[grasscarp]

I personally would not say anything. If it came to light I would say that I understood that a caution did not constitute a criminal record.

[LoftyLottie]

http://www.criminalrecordchecks.co.uk/faqs-crb.htm

It seems that there are three levels of disclosure, two of which will disclose cautions.

[grasscarp]

This link may help
https://www.gov.uk/caution-warning-penalty

[Mick-Talbot]

He was arrested for GBH .....and only received a caution?


Luck, lucky, lucky man.

[ChillDoubt]

I was thinking exactly the same Mick.

[shoota]

The offence for which you are arrested is not necessarily that which you receive a caution for.
For example: medical evidence may show that injuries are not as severe as first thought.

[DJHawkes]

that is odd, how was it gbh of any sort if he was never charged?

[Maydup]

Whether its on his record or not, the new employer cannot change his employment status unless he has deliberately witheld this information in the past.

If a CRB check was not necessary for his post in the past, then it should not be necessary now. His role has not changed and he will be protected under TUPE when being transfered to the new employer.

Tell him not to let it scare him, it sounds like a very general statement. As you say "something about criminal records" but nothing specific or anything that will apply to him I'm sure.

[LoftyLottie]

Why do people insist on commenting on the charge, which isn't part of the question at all!

[Mick-Talbot]

Because it's as rare as rocking horse poo to get a caution for GBH, LL.


https://www.gov.uk/caution-warning-penalty


It had me wondering if buffymads friend telling the truth, the whole truth and nothing but the truth.....................

[ummmm]

He could have been arrested on suspicion of GBH but after interview he could have been cautioned for common assault.

[Peter Pedant]

Oh come on boys and gurlz
you (or one...) is innocent before being proven guilty

we had an employee who had (and by G+ looked like it !) been on remand in Walton Gaol (not a primary school I assure you) who had been indicted for GBH

and so was in clink until the case

and on opening the case

The Judge as wise as SOlomon this time (makes a difference) said:
Who owns the knife?

and the Crown QC said: no one is offering evidence of that my great Lord

and his lordship said
is the defence that he took the knife off the victim
and that the victim was the owner of the knife
and got stabbed with his own knife ?

and the defence said court speak for Yeah right on

and the Judge said: self defence - case dismissed - you are free to go etc etc

..... and he had spent 90 days in prison.

[buffymad]

Ooh, this has been busy while I've been away!

I think (I wasn't around at the time!) he and some friends got into a scuffle with some other blokes. The scuffle turned into a bit more than that and the police came along and took them in. He was kept in overnight to "cool down" and was then given a caution apparently.

No CRB check for new employers so is it best not to mention anything?