caution/conviction on a CRB

4dogs

Hi everyone,
we'd really appreciate some help here, if anyone can answer this! My partner works in the care industry, has worked at the same place for many years, is reliable, excellent at his job , and what's more loves it.
He received a caution a few years ago (2008) as he was using a self service till and paid for his shopping, unfortunately one item (of low value) hadn't scanned properly and he was asked by a security guard about it, subsequently the police were called and cautioned him. He told his manager at the time about this, he took no action as he wasn't concerned about my partners ability to do his job. Now there is a new manager in the work place. My partner had to reapply for a CRB as usual recently, s they are done every 3 years. The new manager suspended him because of this caution and he has a disciplinary meeting coming up, with the company policies stating they would not employ a person who has a conviction for theft (and therefore implying they may not uphold his employment due to this).
My question is ; on an enhanced CRB , is the caution a conviction? he loves his job and does want to keep it, so any help or advice would be really helpful.

yours hopfully......

Emmzi

No, you have to go through a process to be convicted, but it does mean he admitted the offence; which he was perhaps unwise to do as he had no criminal intent.

http://www.lifetracks.com/working/job-hunting/criminal-record-checks

SarEl

Does he know how to contact the old manager - will they confirm that he declared this and it was accepted at the time?

bristol_pilot

He was unwise to accept the caution as this is admitting guilt and it will stay on his record forever. He would have been better advised to let it go to court as I'm sure he would have got off as there is little evidence of dishonest intent, that's even if the CPS would have progressed it. Unless the CCTV showed that he didn't scan it: insufficient evidence.

RexBanner

bristol_pilot wrote: »

He was unwise to accept the caution as this is admitting guilt and it will stay on his record forever. He would have been better advised to let it go to court as I'm sure he would have got off as there is little evidence of dishonest intent, that's even if the CPS would have progressed it. Unless the CCTV showed that he didn't scan it: insufficient evidence.

Yeah he was very unlucky to end up with anything after an honest mistake.

Around the same time I accidently went through self-service without paying for anything - a girl who'd just broke my heart walked in the supermarket as I was typing in my PIN number and I had a bit of a brain freeze and took it out before it had been processed. So i lifted 2 bags of shopping and made a bee-line for the door, only to be stopped by a security guard and other staff member. It could've looked pretty bad, but they just took me back and asked me to put my card in again.

I've had half a dozen CRBs for various things since then and it would've been a problem explaining that every time, and would likely have stopped me getting the job I have now.

mlp

Often people don't realise a caution will remain on their file and will report on CRBs.

Because of the above, they answer "No" to the question "have you ever been convicted or received a reprimand" on the CRB disclosure form.

We have had several members of staff who had cautions for minor things in the past (one got cautioned for stealing (from a front garden) and causing damage to an estate agent's "for sale" sign whilst out on a Friday night). 5-10-15-20-25 years later they are perhaps having to fill in their first CRB disclosure form and these past incidents are now cropping up on CRB checks and it is very humiliating.

junkmayle

MLP - No is the correct answer to the question if you have a caution and a caution only. They are not convictions or reprimands.

cavework

Does a caution remain on a CRB if the person was a juvenile at the time? ie under 18.
I have been told it remains for 6/7 years and is then wiped?

Gordon_Hose

No conviction or caution is ever fully wiped. Cautions are immediately spent and convictions after the appropriate time as stipulated in the rehabilitation of offenders act.

You don't have to declare any cautions or convictions once they are spent, however any CRB checks above the basic check will list all cautions and convictions regardless of whether they are spent or not.

**Juice**

Did he declare the caution on the CRB form? I have a reprimand that I got as a teenager that still shows up on CRBs so my advice would always be to declare everything.

Sue_1979

When my school did my CRB they said that even a caution from when I was a teenager would appear. Lucky for me I had nothing to worry about!