how long does a police caution stay on record if you are a minor?

Question

my friend is applying for job but is worried her CRB check will come back with her caution on which she recived when she was younger.

The job is to work with kids and the cauition was drug related?

Answer 1

I discovered this useful information for your friend on http://www.druglibrary.org/schaffer/library/studies/runciman/pf6.htm. In summary, there is no rehabilitation period for cautions because not being criminal convictions, they fall outside the Rehabilitation of Offenders Act 1974. It looks as though this position is being addressed and that your friend may have no cause for fear as far as her caution as a minor is concerned.

"A caution is not a criminal conviction but it may be cited in court as part of the defendant's criminal record. This should be explained to the offender when the caution is administered. Information about cautions may also be given in criminal record certificates, but not criminal conviction certificates, issued under Part V of the Police Act 1997. Under section 112 of this Act, the Secretary of State must issue a criminal conviction certificate to any individual who applies for one and pays a prescribed fee. The certificate gives the details of the criminal convictions of the applicant, unless they are spent under the Rehabilitation of Offenders Act 1974. Cautions should not be included since the certificate is confined to convictions. Such a certificate is likely to be needed by people whose potential employers make it a condition of employment that the applicant proves that he has no criminal record.

For certain appointments, the Secretary of State must issue criminal record certificates under sections 113 or 114 or enhanced criminal record certificates under sections 115 or 116 of the Police Act 1997. Examples of people who may be required to produce such certificates are those whose duties involve regular contact with children, those who need to be checked in the interests of national security, people involved in the administration of the law, people in the medical professions, people seeking appointments under the Crown and senior managers in banking and financial services. A certificate issued under section 113 may include convictions that are spent under the Rehabilitation of Offenders Act 1974 and cautions. Certificates issued under sections 114-116 may in addition contain information held on police records that does not relate to convictions or cautions at all, for example acquittals, decisions not to prosecute, continuing police operations, and known associates of the applicant.

There is no provision in the Rehabilitation of Offenders Act 1974 for a caution to be treated as spent. Thus a caution may remain in force after a conviction for an equivalent or more serious offence has become spent. The Government has recently issued a consultation paper proposing that the law should be changed so that a caution becomes spent immediately with the result that there should be no rehabilitation period for the purposes of the Act. We support this. It would mean that the recipients of a caution need not refer to it when asked, for example by a prospective employer, whether they have a criminal or police record. The caution could still, however, be cited in court during any criminal proceedings."

Answer 2

How Long Does A Police Caution Stay On Your Record If You Are A Minor?

Answer 3

Whether the conviction is on your record or not depends on two factors. The sentence imposed and your age now. There are certain convictions which will never disappear however if it is a minor offence then there is a table within the Rehabilitation of Offenders Act 1974 which fully explains the periods.

It is not automatic therefore that when a juvenile reaches eighteen years of age they will have a clean record.

If there are Police reprimands or final warnings but no convictions on record, the reprimands will be retained until the offender has reached the age of eighteen years, and for a minimum of five years. After reaching eighteen, and if no reprimands or final warnings have been received for a period of five years the record will be deleted.

Answer 4

5 years

Answer 5

Police Caution -- https://backgroundreports.im/arrestrecords

Answer 6

My brother in regulation purely were given grew to change into remote from the rustic because he had a caution at the same time as he change into 13 yrs previous and is now 37 yrs previous. so i might want to imagine that your caution will ensue. bypass on your police station and ask, that is your best guess, or get someone to ask for you. If its for a job i'm constructive it is going to seem. sturdy success....

Answer 7

Well the number is 18 or 21 but the truth is it never goes away it just goes a little deeper into the files and they are not suppose to use it against you but they do Just get mixed up with the Fed's and you will think you are in front of Mr. Edwards (this is your life program)

Answer 8

I believe it stays on until you are an adult and then your record is expunged. . . possibly unless it is something serious. Even if her check came back showing some kind of offence it is only going to be taken into account if it relates directly to the field she wants to work in such as if she abused children in some way or it was a violent offence. Drug related would depend on what class of drug, how much she was caught with and if she is rehabilitated. People can learn from their mistakes and employers will be lenient if you are honest upfront.

Answer 9

The caution will stay on record until she is 21 and she must keep her record clean between now and then.

Answer 10

Usually until the person is either 18 or 21