Job applications and criminal record

heretolearn_2

Just state it was a minor infringement and it is currently under appeal.

Emmzi

hmm, yes

Section 5 should be used in cases which amount to less serious incidents of anti-social behaviour. Where violence has been used, it is not normally appropriate to charge an offence under section 5 unless the physical behaviour amounts merely to pushing or undirected lashing out of a type likely to cause no more than a glancing blow, minor bruising or grazing. Such conduct may also be classified as disorderly and suitable for a charge under section 91 CJA 1967 in appropriate circumstances.

There must be a person within the sight or hearing of the suspect who is likely to be caused harassment, alarm or distress by the conduct in question. A police officer may be such a person, but remember that this is a question of fact to be decided in each case by the magistrates. In determining this, the magistrates may take into account the familiarity which police officers have with the words and conduct typically seen in incidents of disorderly conduct. (DPP v Orum [1988] Crim L R 848).

Although the existence of a person who is caused harassment alarm and distress must be proved, there is no requirement that they actually give evidence. In appropriate cases, the offence may be proved on a police officer's evidence alone.

Police officers are aware of the difficult balance to be struck in dealing with those whose behaviour may be perceived by some as exuberant high spirits but by others as disorderly. In such cases informal methods of disposal may be appropriate and effective; but if this approach fails and the disorderly conduct continues then criminal proceedings may be necessary.

GiveMeCake

Unless the job requires you to have an actual CRB check, personally I would suggest not declaring any convictions if you want to better your chances at a job. However tolerant and equal companies claim to be, in all honesty if you were the one going through applications how often would you put forward someone with a conviction to have an interview over someone who didn't?

My sister has a criminal record and every job she's had there's been some some sort of disclaimer to sign in the contract or application regarding convictions and she's always said none. Unless you tell your employer or blab to a co-worker who then tells your employers there's no way they will find out.

But if the job you're applying for does requires a CRB check then you can't lie as they will find out.

interstellaflyer

maninthestreet wrote: »

I'm surprised a minor breach of section 5 of the POA was prosecuted in a magistrates court - at the worst, a formal police caution would result, or just a FPN.

Emmzi wrote: »

I can't believe the police would waste everyone's time over swearing and I believe there is more to this than you are telling us.

I can't go into details as the case is still live but I can assure you I never used the 'f' word, without going into details, I was politely critical of the way the two officers made a complete hash of handling a situation, this was ,ok, a little stupid but not an offense, neither is swearing or insulting a police officer, they are expected to be a little thick skinned, Rambo Cop and his Special Constable oppo took offense at my critism and concocted a story of my aleged swearing causing upset to passers by. I was never offered a caution, nor would have I accepted it, my solicitor thinks that the reason the CPS decided to go ahead with the case was because I puit a formal complaint in about the 2 officers and not going ahead with the case would not have favoured the 2 officers defense re the complaint.

Emmzi

true or not it really does sound massively implausible.

My best advice is to stay in your current job until the appeal has been held. If I don;t believe it I am sure many others will struggle too. What's your timescale?

interstellaflyer

Emmzi wrote: »

true or not it really does sound massively implausible.

What that the police will never lie to get a conviction especialy if it's to save face? like that's never happen'd before, has it?

Of course police would never go for the soft target????

Dishonest policemen???

Policemen accepting [STRIKE]bribes[/STRIKE] sorry payments from major newspapers for information, never happens does it??

So why is it so implausable in my case that the police lied to save face?????

Emmzi

interstellaflyer wrote: »

What that the police will never lie to get a conviction especialy if it's to save face? like that's never happen'd before, has it?

Well, you may get a more sympathetic employer. I work in HR. Given the option of "take a punt" or "have a slightly less qualified candidate with a clean sheet", I'll never take the punt. But then I'm not hiring for the whole world.

If you are sure you'll win at appeal, why not wait, is all I'm saying. No point having a difficult conversation with a range of employers when a little time can make the problem go away.

fenwick458

interstellaflyer wrote: »

Not helpfull at all, if I was a dishonest person I wouldn't be asking the question, ok little white lie may have not been the right way to phrase it but, as it stands I am basically unemployable and I haven't even done anything wrong, even if I had used the 'f' word, should it really be classed as criminal and ruin my life for the next 12 years until it's spent, and there's the dillema, I know that if I tick the yes box, even with an explanation then my application will go straight in the bin.

it's not 12 years. i don't know how long it is, but theres no way it can be 12 years.
anyway, in my opinion, say nowt untill you are asked about it, and if they ask then tell the truth. and in my experiance (i may be lucky) no-one cares about it.
i know of some people in pretty high up places that have done time! so don't worry about this

interstellaflyer

fenwick458 wrote: »

it's not 12 years. i don't know how long it is, but theres no way it can be 12 years.
anyway, in my opinion, say nowt untill you are asked about it, and if they ask then tell the truth. and in my experiance (i may be lucky) no-one cares about it.
i know of some people in pretty high up places that have done time! so don't worry about this

Sorry, wasn't sure, it's actually spent after 5 years though stays on record for 10

DVardysShadow

Emmzi wrote: »

true or not it really does sound massively implausible.

You must be incredibly naive.