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CRB and \'sex offence\' in The AnswerBank: Criminal
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CRB and \'sex offence\'

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scott1358 | 20:58 Mon 26th Oct 2009 | Criminal
7 Answers
Hi,

I\'m asking this on behalf of a friend who is quite concerned because he needs an Enhanced CRB disclosure for a job he is taking, and hasn\'t needed one since the \'incident\' 4 years ago.

A friend was caught in a cubicle with a girl in the toilets of a department store by some security guards who banged the door in and marched them both out of the toilets and to the security lodge. I asked my friend if they were actually \'caught in the act\' and they weren\'t. They tried to lie saying one had been sick etc but this didn\'t wash.

The security guys made them sign something to say they wouldn\'t go back in the store again and took ID and address details from them, then let them go. Security said they would forward the details to the police. This was 4 years ago and my friend or the girl have not been contacted to this day. My friend is concerned that if these details were passed to the police and are on file this will be on his CRB under \'other relevant information\'.

I told him, rightly or wrongly, that I doubt it would be on there as he would surely know about it. The police would have been in contact at least, and as it is an offence under the Sexual Offences Act, and therefore quite serious, they would have either formally Cautioned them or charged them (unlikely since there was no evidence of guilt).

So what do people think? I it unlikely the security guards even forwarded this info otherwise they would have called the police there and then. I reckon they just kept it internally like they do with suspected shoplifters. And surely the police would have been in contact about this if they had?
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If his details were on the crb register he wouldnt not know until a check is made, although could hazard a pretty accurate guess if he had ever been arrested/prosecuted/convicted that he may well be - as he has never been any of these one could also hazard a pretty good guess at saying no, his details are not on the register
An Enhanced CRB check may include allegations received by the police that did not ever proceed to investigation let alone conviction. There are many reported case of individuals having ECRBs that include unproven, malicious allegations of which they were totally unaware. It is not beyond the realms of possibility that the police may receive allegations which will be recorded but never acted upon.

I do wish pink-kittens would stop "guessing" the answers to queries (oftentimes they are incorrect), especially in relation to legal matters.
Search this section for loads of information about this subject including situations the same as your friends

On a side note though, I certainly would never take advice as gospel from an online web site, it isn't prudent practice at all. Find the links posted in this section that explain how you can find out if this was even taken any further - Beunchico is a good source of information
What did he do wrong? Was the girl underage? Was he raping her? Did she complain of rape? Were they seen or heard being sexually intent and outraging public decency?
On the assumption you were both consenting and over the age of consent, you've got nothing to worry about.

Security guards are pissed on power and were probably just putting the frighteners on you.
I think you mean his friend has nothing to worry about don't you flip_flop?
ahem, oops.

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