can you appeal a caution after 5 years

[eizus]

can you appeal a caution after 5 years? my boyfriend was accused of rape 5 years ago by a girl under 16 after 6 months the dna results came back negative but he was cautioned at the start of the accusation for sexual assult and put on the sex offenders register. i am a teacher and recieved my crb back recently to find this on there he went to the police who said it was too late to appeal as it was after 3 years is this true?

[Yorkie580]

If he was cautionned he must have admitted the offence and signed to that effect.

I don't mean that to sound harsh but you can't be cautionned unless you consent to being cautionned.

[seatrout]

If he was cautioned then his name should only be on the SOR for 2 years. Why does it show up on your CRB check?

Yorkies right for him to have been cautioned he must have admitted his guilt

[kempie]

I too am confused on how one individual's criminal record shows up on another individual's CRB check. In any event Cautions should be removed from the PNC after 5 years but this is by no means guaranteed.

seatrout - A Simple Caution received on or after 1 May 2004 for a relevant sexual offence makes the offender subject to the notification requirements of the Sexual Offences Act 2003 for 2 years from the date of the Caution. However, a Caution received before 1 May 2004 (as in this case) would have originally placed an adult offender on the SOR for 5 years.

[seatrout]

Nice one Kempie - do you know where I can finsd a reference for that. I looked all day at work and could not find it

[kempie]

Prior to 1 May 2004 - Sex Offenders Act 1997

1 Sex offenders subject to notification requirements
(1) A person becomes subject to the notification requirements of this Part if, after the commencement of this Part�
(c) in England and Wales or Northern Ireland, he is cautioned by a constable in respect of such an offence which, at the time when the caution is given, he has admitted.

"A person of any other description... A period of 5 years beginning with that date"

1 May 2004 onwards - Sexual Offences Act 2003

80 Persons becoming subject to notification requirements
(1) A person is subject to the notification requirements of this Part for the period set out in section 82 (�the notification period�) if�
(d) in England and Wales or Northern Ireland, he is cautioned in respect of such an offence.

"A person within section 80(1)(d)... 2 years beginning with that date"

[eizus]

He did sign the caution only because he was told he would have to wait in prison until the results were back!
And like i said that took 6 months!
He was very young, scared and the duty solicitor told him to sign it as it was the only way to be released that day.
Since he was told he could appeal as it was wrong and he shouldn't have been put on it and he was also told the same girl had done it again, but as his writing is bad he never wrote a letter to the chief constable appealing against it.
He has been told it will go after five years but he will be assessed when he has kids etc. So can he still appeal?

[starmack]

Sounds outrageous breach of your own rights. Ask your local citizes advice centre for advice and context re: data protection law and your personal rights.

[seatrout]

I still dont understand how its on your CRB check

[eizus]

niether do i i am appealing against it. So we will see what happens. I have been with him for 8 years and i live with him but i'm sure if i lived with someone else i wouldn't know their criminal record

[kay-2]

Has this been cleared up now? Did it stop you getting a teaching job?

[madlady65]

My daughter was 13 in 2005, she got involved in a schoolgirl fight this led to her receiving a caution. I was told by the Officer at the time that this would remain on her record until she was 18 or 5 years whichever was first. She is now 19 and has never reoffended. Recently she ws interviewed for a careworker job. Asked at the intereview if she had any convictions she said no. This was the truth as she believed her caution was wiped. She got a job offer, and waited for her references and crb check. The caution still showed up and the offer of the job was withdrawn. Having spoken to the the crb and data protection, We have been told that the law changed in 2009 and it was ruled that all cautions, convictions and remands are there for always now. Has anyone any advice please. Im am so angry that a silly mistake can affect her now.