Criminal Record? Do you get one for this?

[sarahmoon33]

I had an enhanced disclosure which is more in depth than your standard disclosure, and NONE of my driving offences were on it

 

My hubby has two disclosures (one for work and one for football training) (we're in Scotland) and both have driving offences on. It may be different in England, I don't know, there both enhanced aswell.

[antiestablishment]

Its also worth remebering that if you drive with out insurance, your vehicle excise licence is no longer valid, and hence the offence of evading tax can also brought by the court. This of course is a recorded criminal offence, and convictions for this are on the increase.

 

Disclosures often have the statement '...other than driving related offences', as obviously this potentially throws up lots of data and can become very time consuming to collate. I have seen potential employees disclosure notices recently with driving offences listed, but these individuals could be deemed as 'serial offenders', with multiple counts of driving with out insurance, unlicensed vehicle, invalid or forged MOT certificates. Obviously I will not be employing these guys as delivery drivers...

[rogerebaker]

Its also worth remebering that if you drive with out insurance, your vehicle excise licence is no longer valid, and hence the offence of evading tax can also brought by the court. This of course is a recorded criminal offence, and convictions for this are on the increase.

 

Disclosures often have the statement '...other than driving related offences', as obviously this potentially throws up lots of data and can become very time consuming to collate. I have seen potential employees disclosure notices recently with driving offences listed, but these individuals could be deemed as 'serial offenders', with multiple counts of driving with out insurance, unlicensed vehicle, invalid or forged MOT certificates. Obviously I will not be employing these guys as delivery drivers...

 

Im not sure that your Tax disc becomes invalid if youve got no insurance !!!!

[Rob S]

Im not sure that your Tax disc becomes invalid if youve got no insurance !!!!

 

Neither am I.

[chocolatte]

Do you have a criminal record if you are questioned under caution, that sounds a bit serious to me?

[chocolatte]

Interesting discussion.

 

What about recorded personal information when people are arrested and charged but subsequently everything is dropped? My brother's father-in-law went through this (private citizen with a grudge made a false but really serious statement to police). He had to have his prints, photo and I think even a DNA swab/test performed.

 

He had done absolutely nothing wrong and went through what I gather was an extremely traumatic experience for him as he is one of those upstanding, never been in trouble with law types. My brother reckons his FIL will always have all those things on record even though he was completely innocent. Seems very wrong to me.

 

I'm sorry to hear this, it appears that the law protects criminals more than the victims sometimes, see my post...

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/99134-conducting-diy-forensics.html

 

The person in question then turned round and told the police I hit him or tried to hit him, I can't remember which, and then I was questioned under caution, the cheek of it!

[rogerebaker]

Do you have a criminal record if you are questioned under caution, that sounds a bit serious to me?

 

No you dont

 

It does appear to be a bit harsh that everyone who is arrested no matter whether there innocent or not gets there DNA taken.

 

I soppose we must look at the bigger picture. The DNA database needs to grow in order to be effective.

 

Its also surprising how many really nasty criminals have been caught recently on very old DNA that has only come to light as a result of this policy.

 

IMO We cant have it both ways

[chocolatte]

Following on from my question about being questioned under caution...

I am applying for a childcare job and when looking into Disclosure Checks it appears that police cautions will show up and now I am thinking my whole career has been ruined because of a chav who has been stalking me for four years has been able to tell the police an outright lie and turn th tables on me. The employersare lovely but I just can't bring myself to say anything at the moment cos I'm so embarrassed and they might think there's more to it. Do you know what I mean. I just don't know what to do.

[robin9342]

I have been questioned a total of 3 times under caution. Each time there was no further action taken (the allegations were completely untrue, but the police are obliged to investigate). I had a recent enhanced disclosure and it was completely clear. Hope that helps.

[hev106]

Robin and Chocolatte

 

Being questioned 'under caution' is not a Police CAUTION, they are two different things entirely. A police caution is most used when you have committed a crime, make a full admission to it in an interview, it is not a 'serious' crime, and/or the injured party(victim) will not/does not wish to support a prosecution and you have never been in bother with the police before or many many years have passed (in certain circumstances), then you COULD (emphasis on could!) be eligible for a police CAUTION which is a rollicking from the Custody Sgt, you sign accepting the caution and are also made aware it lies on record for 5years and if you re-appear before the police again and end up in court, the court MAY be told of the caution and it can be taken into account, particularly with like offences (its a case of you had a smacked wrist and didnt listen so this time you get a fine/cs or whatever else the court decrees) Questioning under caution is to cover officers speaking to you if they suspect you have committed an offence or when you say certain things to them, so that you are aware that perhaps if you carry on talking to them you could be landing yourself in it eg I hit him first to stop him hitting me or sorry i didnt realise I had that bottle of whiskey down my trousers officer - if the other person makes a complaint against you and you end up nicked, you are possibly making admissions to an offence but the officer will have cautioned you so you should be aware that you dont have to say anything and if you do it can be used as evidence. May be a simpler way of explaining it but hopefully this gives you the picture? Questioning under caution whilst NOT ARRESTED will not be on your police record, however if you are arrested, interviewed and later released without charge, that will show up but as an NFA.

[robin9342]

hev106, thank you. I was aware of the difference. However, I was arrested on each of the three occasions, interviewed under caution, then released with NFA. Yet there is no trace of this on my enhanced disclosure...

[chocolatte]

Phew, thanks guys, what a pickle. So, I will be fine then, they just questioned me in my house and nothing else happened after that, because obviously the edit making the allogations against me knew he would look a edit in court telling lies. But just goes to show you that anyone can make up stories about you and cause you a lot of grief,

But I feel a lot better now I have talked it over with you, thanks again:)

Edited July 28, 2008 by MARTIN3030

[MARTIN3030]

Chocolate I am suprised at you-youve been here since 2006 so should know about posting !!

[chocolatte]

Chocolate I am suprised at you-youve been here since 2006 so should know about posting !!

I'm sorry Martin to you and everyone here for using bad language and for upsetting anyone and for not thinking,

[jabbababba28]

No it isnt...believe me it isnt a criminal record dont worry I know. You may realise what i do for a living..

 

I was bound over to keep the peace many years ago - is this classed as a crimnal record? thanks