Will I pass the fit and proper test with a criminal caution?

willibeapproved

Hi,



Will I pass the fit and proper test with a criminal caution?

xapprenticex

Class A Drugs is a nono!... FCA dont joke about this sort of stuff. I'm not going to tell you you have potentially ruined your career but I'd seek propper advice, contact the FCA anonymously and see what they say.




Regarding Caution/Conviction

You have to admit an offence and agree to be cautioned. You can be arrested and charged if you don't agree. A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime.

https://www.gov.uk/caution-warning-penalty

Durban

A caution is spent immediatly

usefulmale

Durban wrote: »

A caution is spent immediatly

Spent but NEVER forgotten.

It will always appear on anything more than a basic check.

flower77g

Sorry, but I'd expect this scenario to fail the FCA's test because the requirement that there is "continuing ability to perform the particular controlled function for which the person is or is to be employed" is not met. What stops the same thing happening again in a few weeks time?

TELLIT01

The FCA specifically requests information about spent convictions and cautions. If the OP doesn't declare it, and it is discovered later, they are almost certain to lose their job because it can be shown that they were not truthful at the outset. The only safe action is to declare it at the start and see what happens.

theronstar

I usually find the free advice on this forum really good but in my opinion, when someone is asking for advice that relates to an issue with serious consequences for them, I would suggest that they seek legal advice. Some of the responses on the thread were hazy, bearing in mind he raises an important question.

Anyway, to answer the question (properly).

First of all, the PNC (Police National Computer) has records of all cautions/convictions on an individual. A request by the FCA will ask the PNC to disclose those records.

There was a time where the PNC would then provide every last detail.

Since 2013 the law has changed in favour of the individual.

In a nutshell, someone argued that having to declare a caution/conviction from years ago is a violation of their right to a private life under Article 8 of the Human Rights Act.

Employers resisted change because they felt that that they had a right to know about the entire criminal history of a job applicant. The Court of Appeal sided with the individual.

The status quo is that a mistake from long ago, should not affect an individual's job prospects.

The OP is seriously confusing me. Class A drugs are a no no and the police generally prosecute in relation to Class A drugs. Can he be sure if he was cautioned/convicted?

There is quite a difference between the two!

A caution will appear on a check for 6 years after it was issued. A conviction will appear for 11 years after it was issued.

After the limitation period, the offences will usually no longer appear on a check. At this point someone can safely fail to disclose to the offence. They can choose to disclose it but why would they?

There is a 32 page list of offences that will never fall off the check. However, they are for especially serious offences.

Fortunately, for the OP, possessing a Class A drug will fall off the check.

The FCA are most concerned with offences in relation to the integrity of an applicant e.g. fraud offences.

If he can confirm dates and charges, it would help assess when the offence will fall off a check.

It is safe to say that, for the time being, the offence will appear on a check.

As long as he says to his manager that he is a changed person blah blah blah, he should be fine