ChatterBank1 min ago
Cautions
I received cautions in 1996 (aged 13), 1998 (aged 15) and 2003 (aged 19). I have never been charged with an offence.
Does anyone know how long it will be until these cautions are spent?
Thanks.
Does anyone know how long it will be until these cautions are spent?
Thanks.
Answers
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Theoretically, cautions can never become spent. That's because a caution is not a conviction and, under the Rehabilition of Offenders Act, it's only convictions which can become spent.
When the system of cautions was first introduced, one of its key points was that a caution would not create (or add to) a criminal record. Unfortunately nobody, at that time, had bothered to define exactly what was meant by a 'criminal record'. When the Criminal Records Bureau was set up, its brief was to record both convictions and cautions, which effectively undid the good intentions of those who had introduced the system of cautioning. It also left cautions in a 'grey area' because the Rehabilitation of Offenders Act made no reference to them.
However, while there's still no official provision for cautions to become spent (in the same way that most convictions can), common sense seems finally to have prevailed and there's now an acceptance that cautions informally become spent after the same period of time as most non-custodial sentences do. (i.e. after 2� years for those aged under 18 at the date of conviction, and after 5 years for those who're adults upon the date of conviction).
The CRB has also finally recognised that cautions are not meant to fall into the formal definition of a criminal record. So, unlike convictions, a caution won't show up on a standard level CRB check after 5 years. However, an enhanced level CRB check can show any information (including cautions and even entirely unsubstantiated allegations made against a person) that a senior police officer, or other relevant authority, deems to be relevant.
Chris
When the system of cautions was first introduced, one of its key points was that a caution would not create (or add to) a criminal record. Unfortunately nobody, at that time, had bothered to define exactly what was meant by a 'criminal record'. When the Criminal Records Bureau was set up, its brief was to record both convictions and cautions, which effectively undid the good intentions of those who had introduced the system of cautioning. It also left cautions in a 'grey area' because the Rehabilitation of Offenders Act made no reference to them.
However, while there's still no official provision for cautions to become spent (in the same way that most convictions can), common sense seems finally to have prevailed and there's now an acceptance that cautions informally become spent after the same period of time as most non-custodial sentences do. (i.e. after 2� years for those aged under 18 at the date of conviction, and after 5 years for those who're adults upon the date of conviction).
The CRB has also finally recognised that cautions are not meant to fall into the formal definition of a criminal record. So, unlike convictions, a caution won't show up on a standard level CRB check after 5 years. However, an enhanced level CRB check can show any information (including cautions and even entirely unsubstantiated allegations made against a person) that a senior police officer, or other relevant authority, deems to be relevant.
Chris
The Criminal Justice Act 2008 actually amended the Rehabilitation of Offenders Act to include cautions. Cautions now become spent instantly unless it's a conditional caution, in which case it is spent after 3 months. The still appear on Standard CRBs, though, until they are stepped down with is 5 or 10 years depending on the offence. The below link has a bit more detail.
http://www.uk-legislation.hmso.gov.uk/acts/act s2008/ukpga_20080004_en_30#sch10
http://www.uk-legislation.hmso.gov.uk/acts/act s2008/ukpga_20080004_en_30#sch10
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