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However, my main query is still a mystery whether section 25(3) charge is a recordable offence or non-recordable ?

Will it show on basic DBS & PCN check or not, I am still unclear as I spoke to 2 different solicitors and they both gave opposite views.

Bazzas, can you shed some light on this please ?

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Definitive info is sparse.

 

If an offence is punishable by imprisonment, it is recordable. Some offences that aren’t punishable by imprisonment can still be recordable, though.

 

 

http://hub.unlock.org.uk/knowledgebase/recordable-offences-2/ offers some light, but also notes “The rules around what is and isn’t recordable are quite complicated, and have changed over the years.”

 

it points to http://www.legislation.gov.uk/uksi/2000/1139/made

and http://hub.unlock.org.uk/wp-content/uploads/Summary_Recordable.xls

 

and the latter shows “

Railways Regulation Acts 1840 to 1889 as amended by Transport Act 1962 Offences in relation to railways

“ but not the equivalent Railway Bylaw and bus bylaw offences.

 

so, at first sight it appears these are non-recordable, but you may struggle to find someone definitively stating “recordable” or “non-recordable”

 

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