i have a caution in 04/08/07 for commun assault, the police officer told me that was be clear in 6 months but i received my CRB by post and what i found?????still there.
the all situation is crazy because i'm not guilty for reall...for this case i call the police for my ex-girlfriend because she was crazy and broken everything and also she was pregnant 4 months..but she told the police that i hurt her...
i was arrested and they told me i refused the caution we will go to the court and
i was afraid because she's brazilian have no rights to be in UK and can be deported with my son (i explained everything to the police and was recorded)...
well i take the easy way. i did this for my son and i have no regrets..
now i'm single father,,because she leave me after the baby birth.
now i have a caution that can refuse my SIA license......
what can i do????
sorry for be long!!!
Below is the information you need. Any questions please ask me and I will help you out.
A caution is a formal warning that is given to an adult who has admitted the offence. If the person refuses the caution then they will normally be prosecuted through the normal channels for the offence.
Although it is not technically classed as a conviction it can be taken into consideration by the Courts if the person is convicted of a further offence.
Cautions are now covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). This means that if you are asked on an application form if you have a caution you can reply 'no'. For conditional cautions it would be after 3 months since the caution was issued, up until that time you would have to reply 'yes'.
This applies retrospectively so applies to anyone who has ever had a caution, irrelevant of when it was given.
However, this does not mean that it will not be disclosed on a CRB check. It will not normally be disclosed on a standard check but maybe disclosed on an enhanced check and on a subject access request.
Depending on the type of offence cautions are 'stepped down' after a set period of time (5 or 10 years). This basically means that they will only be visible to police staff and not other agencies who do checks. The exception to this is if a person is the subject of an Enhanced Disclosure and then if relevant it will be disclosed.
Even after five/ten years the caution can still be disclosed if you apply for certain types of jobs, i.e. police, teacher, or jobs working with children and vulnerable adults. It will be disclosed if it is relevant to the job you are applying for.
Cautions will always remain on a person's record but as explained above will be stepped down after 5 or 10 years. There are only exceptional circumstances when a caution could be removed from a person's record and it is anticipated that such incidents will be rare. Examples of such possible circumstances are that it was found that the original arrest or sample was unlawful or where it was found beyond all doubt that no offence existed. Any requests that fit the above criteria should be directed to the Chief Constable of the force concerned.
Having read your question again, I can see that it is geared towards what will happen with the SIA.
OK, if you just have one caution and it is for a 'significant' offence (significant is deemed as crime that could provide a sentence of less than 4 years had you been convited) then after 2 years from your caution ie August 2009 they will not refuse your application on these grounds.
For a 'serious' offence (if a convition could of provided a sentence of more than 4 years) then you would have to wait 5 years from your caution.
Now, if you apply for your license within the 2 years (if significant) or 5 years (if serious) then the SIA may consider mitigation with your case (basically this allows you to put forward a case to them for their consideration). I have cut and pasted some information for you rather than trying to explain. One word of advise they do not want to hear a sob sob story.
I do not know whether your caution would be for a significant or serious crime and I would suggest you ring the SIA on 0844 892 1025 to find out. If it was me and it was the lesser of the two then I would wait until August.
For your information, the rules regarding what you can say or not say on an application form for a job have nothing to do with the above timescales. I can help you with this at a later date if you need a hand as I know the Rehab Act 1974 very well
Mitigation is not invited in all cases. Your letter informing you of our licensing decision will advise you on whether we will consider mitigation in your case.
If we request mitigation from you, we will clearly state in our letter what constitutes acceptable mitigation. Any letters provided from you which do not comply with these requirements will not be considered. We will not consider any type of mitigation or character references on automatic refusal cases.
In considering your mitigation we will also consider information from other sources which suggests evidence of criminal, dishonest, anti-social or inappropriate activity or association considered relevant to the licensable activity and role for which you are applying, or which may contradict the evidence you have provided in support of your application. We will not actively seek out such information but if it is provided to us it will be considered and may result in your licence being refused.
Points to Consider When Providing Mitigation
What Should you Submit as Mitigation?
- <LI class=webbody>The number of documents you supply in support of your application will not necessarily add weight to your case; it is the nature and content of the mitigation which is considered. <LI class=webbody>In giving due consideration to any mitigation you supply, we will give more weight to mitigation if it is from an independent, verifiable and objective source with no vested interest in the licensing decision. What we mean by "no vested interest" is that information from previous employers, the police, or other people of standing in the community will be more persuasive than information from your family, friends, or current employers.
- We will assess your mitigation with respect to the implications for public protection from crime and the fear of crime.
Information We Will Not Accept As Mitigation
- <LI class=webbody>Evidence of your rehabilitation since your offence (for example, proof that you have undertaken voluntary training in relation to the original offence or taken part in other community activities). <LI class=webbody>Information for any offence(s) on your record (for example, information provided by the police which describes any mitigating circumstances regarding the offence. Please note however, it is not our intention to re-hear the criminal offence, and doing so would go beyond our published approach).
- Character references. Any character referee must:
- clearly describe the capacity in which they know you,
- identify the time period over which they have known you, and
- confirm they know about the relevant offence/s and are still prepared to give the reference. The relevant offence(s) will be detailed in your refusal letter.
Information which will not be considered relevant and will not be considered in the licensing decision includes:
- <LI class=webbody>Your financial situation. <LI class=webbody>Whether you hold/held a private security industry licence previously under other licensing schemes (e.g. those run by local authorities or police). <LI class=webbody>Whether you hold a firearms licence. <LI class=webbody>Other SIA licensing decisions which you think are similar to your case.
- Emotional circumstances and arguments other than character references.