diversion from prosecution-will the charges still be on my police record? pls help

Ewan154

Hi,
Thanks for all the replies.

Ewan154

Gavin83 wrote: »

Well I don't know what a diversion of conviction is. My formal warning basically involved me getting a warning in the back of a van, they took my details but it didnt involve getting a criminal record so I assume its similar.

The CRB turned into the DBS a few years back. My employer actually completed the check for me as part of my job. The enhanced version isn't as common but I worked with vulnerable adults and children so it was essential. All I know is that it didn't show up anything on my check.

However a friend of mine was arrested and charged when he was 13 and that showed up so even childhood crimes are present.

A diversion is instead off having to go to court.

scottishsavingsgirl

Yorkie1 wrote: »

A diversion from prosecution is not a conviction. That's the whole point - you are diverted from having to go to court. Cautions, reprimands, final warnings, etc are all not convictions.

Slight correction there, cautions will appear on standard & enhanced but not on a basic. You are correct about reprimands & warnings though, these would not show for any of the above.

Yorkie1

scottishsavingsgirl wrote: »

Slight correction there, cautions will appear on standard & enhanced but not on a basic. You are correct about reprimands & warnings though, these would not show for any of the above.

Thanks. OP was 17 so wouldn't have received a caution.

Ewan154

Thank again for all the advice.

Nebulous2

I think that you should put it down to be safe. Alternatively go to the policestation and ask. It is unlikely you will get a definite answer here. Not declaring something that they know about raises a big red flag about your behaviour.

It may well appear on an enhanced disclosure.

Being bound over - see here

You see it in the paper sometimes, often in harrassment cases or domestic disputes that have become nasty. Somebody will go to court and instead of being sentenced at the time they will be ' bound over to keep the peace for six months.'

Ewan154

Thanks for all the replies.

Yorkie1

I think I said that right at the start!

stevemLS

For shotgun licences I believe the police check their own records, so the question of whether it would show on a DBS check is largely irrelevant.

s28 of the Firearms Act 1968 provide that the chief constable must be "satisfied" that the applicant can be permitted to possess a shotgun, so essentially the police can conduct any enquiries they wish.

I go with the advice to ask at the police station and if in doubt declare it.

What was the original offence. If it was anything to do with violence or firearms you may struggle.

browneyedbazzi

It won't show up on a DBS check, but it will be recorded on PNC and will show up when the police check their records - pretty much any contact you have with the police will be recorded on PNC and will show up when the police check their records.

You're generally much better off providing the information - if you're honest about it and it was a minor thing long ago it's not likely to impact on your application. If you fail to declare something (even very minor) that makes you look like you are dishonest now and that is more likely to count against you.

I used to work in a job where I had to regularly do background checks - lots of people failed to declare things that wouldn't have been a problem but the failure to declare was a problem so they ended up much worse off.