Binding Over + Court Costs

[AvaBingo]

Hi, just looking for a bit of advice, the company I work for have decided to do DBS checks on staff, I wanted to know if a binding over will appear, this happened on my 18th birthday some 30+ years ok, background to this is, I met some mates in the pub, they had been in their for a couple of hours befor I arrived, at the end of the night one of the lads asked me to pass him his jacket, which I did, thought no more about it ( bit drunk at the time - no excuse I know ) few days later I got a phone call asking me to attend the local police station , where I we being charged with theft, I had no idea what they were taking about, for about an hour then it dawned on me , I explained the events of the night but the officer was having none of it, you would have thought I was one of the Kray’s for a £10 coat, But anyway called the lad who I believed owned the jacket told him to get to the station and sort it out, we were both charged, went to magistrates court and we both got bound over to keep the peace and court costs, I have worked for the same company for the last 15+ years ( no kids/vulnerable people etc it’s a manufacturing company) but they are very devious and use things like this to fire people- criminal in itself,

[AuntPollyGrey]

To be 'bound over' is not a criminal conviction, its Civil. It does not appear as a conviction, even on enhanced CRB's

[Buenchico]

The level of DBS check that can be carried out on employees who aren't going to be working with children or vulnerable adults (or in certain professions relating to the administration of justice, like the police and security services) is only the 'Basic' one. Such checks only show unspent criminal convictions. A binding over order becomes spent at the moment the order finishes.

Even if you were seeking employment where a higher level of check (i.e. 'Standard' or 'Enhanced') was required, your binding over order would have become 'filtered' after 11 years, so it still wouldn't show up.

Relax!

;-)

[Buenchico]

>>> To be 'bound over' is not a criminal conviction, its Civil. It does not appear as a conviction, even on enhanced CRB's

It actually does have to become 'spent' (which occurs at the time the order ends) to prevent it showing up on a DBS check, APG. So someone who was still subject to a binding over order would find it appearing on any DBS check carried out on them. (i.e. it would count as as unspent conviction, even if it wasn't technically a conviction in the first place). See page 3 here:
https://dbsdirect.co.uk/resources/Unspent%20Convictions.pdf

[Peter Pedant]

agree Chris
I think you can relax.

pity you didnt defend it as thre was no intention to deprive but ho hum that was thirty ago and the past is a different country

[AvaBingo]

Hi
Many thanks to you all for your replies, I will do as they request, I have also asked the HR dept how they intend to use any information they receive, not that I’ll get a sensible answer
Thanks again
AvaBingo

[AuntPollyGrey]

This is what I read
' Is a Bind Over a conviction?
No. A bind over to keep the peace is an order used to prevent certain behaviour from occurring in the future. It is not a conviction in itself and can be ordered against a person who has not been convicted of any criminal offence (see above).'
Link
https://www.defence-barrister.co.uk/bind-overs

[Buenchico]

I'm not arguing with that, APG. A binding over order isn't a conviction but it still appears on any type of DBS check up until the end of period for which it applies.

Cautions aren't convictions either. They won't appear on a 'Basic' DBS check because they become spent instantly. However they will appear on 'Standard' and 'Enhanced checks until they become 'filtered'. (If the caution was for a 'specified offence', such as a sexual one, they can never become 'filtered' and so will always appear on Standard and Enhanced checks).