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DBS and police and new job


Classickid21
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Hi,

i am not sure where to start with this but 3 years ago i was having problems with a local lad, he bullied me for 8 years straight i was robbed burgled i had lots of issues with him and his friends. i seeked legal advice at the time he was giving a warning by the police later i got a harassment warning placed not long after that i was warned by police that he was going to stab me etc i had the proof went in to the police station. They couldn't do anything (even tho it stated where i lived and who i was.) so week later he approached my mum with his hands clenched so i belted him couple times ... but on CCTV it didn't go in my favor so i was giving a simple caution (telling off) i owned up to what i had done wrong.


I went for a job 4 months ago and was given it (not actually started) so i put off other jobs i declared the caution i paid for my statements. then they told me nothing tallys up .... i went back to the police my caution letters state assault by beating my offence was common assault and my dbs says battery now the police are saying its all the same act section 39 1988. i have tried to have my wording changed but they have stated that these three are all the same ??? HUH UMM NOPE!! i purchased a butterworth police book BATTERY means i would of been convicted! imprisonment and had to pay the victim a fine.... witch none above ... going though the statements times and dates don't match up even on the recording i said the times was different.


my question is how long is this going to effect my life ? can i go higher then the police to have this caution removed scratched or wording changed? Even if the chief constables assistant has refused the wording (with proof) how can i fight this?


i have been utterly screwed over i've sold most of the bikes to live, waiting for this job, i am now job less i can't sign on because as i am FIX A bode

everything has gone tits up, this job was keeping me positive


i am sorry if it does not make a lot of sence (crap grammar and dyslexia) i don't usually let things get to me and share my public life on here, (not on social media so can't put a status for help lol)


feel like the lad is still ruining my life.

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Convictions can become spent after a certain period. 6 years i think.



A caution isn't a conviction, though is it? I was cautioned for drunken disorderly years ago, and had to fill out a Government Security check form for access ti Government buildings and i never mentioned my caution and nothing came back about it either. :/

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From Wiki


Per the Rehabilitation of Offenders Act 1974, simple cautions, reprimands and final warnings become spent (meaning that they do not need to be disclosed, unless applying for particular types of work) immediately, and conditional cautions become spent after 3 months.[15]


Cautions will appear on a DBS certificate until 6 years have passed (or 2 years if the person was under 18 at the time of caution) provided the offence is not on the prescribed list of offences that will never be filtered from a criminal record check.[16]

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Is it actually preventing you from starting the new job?

 

Yes i have given all the paper work to proove what had happend a voice recording off the interview ive done everything that have asked and they refused me, its not a conviction so i don't understand why i am being treated this way

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Convictions can become spent after a certain period. 6 years i think.



A caution isn't a conviction, though is it? I was cautioned for drunken disorderly years ago, and had to fill out a Government Security check form for access ti Government buildings and i never mentioned my caution and nothing came back about it either. :/

 

Just a simple caution but they are treating me like i a criminal thats be convicted ... i have serval bits of paper work stating its a simple caution even a lettet saying that it shouldn't effect the job.


Its the only thing on my record i stepped out of line i swung at him in fear, i am happy to share any information or screen shots names will be blurred and paper work to show info.


If i had something to hide i wouldn't jump though hoops

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From Wiki


Per the Rehabilitation of Offenders Act 1974, simple cautions, reprimands and final warnings become spent (meaning that they do not need to be disclosed, unless applying for particular types of work) immediately, and conditional cautions become spent after 3 months.[15]


I was 21 and told it wont show on record witch it does, i am now 24 the job is college machinary techian, i had 3 good reference a friend of the family gave a reference, all the paper work experience i smashed both interviews just be messed about for 4 months unpaid and jump threw all there hoops, paid to have all my statements etc


Cautions will appear on a DBS certificate until 6 years have passed (or 2 years if the person was under 18 at the time of caution) provided the offence is not on the prescribed list of offences that will never be filtered from a criminal record check.[16]

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I thought it was the CPS who chose whether to prosecute.

Good luck with it though

 

Not sure what cps is ?

All i can tell you is i went in volutary interviewed then arrested but free to leave at the time :S I WAS A FOOL I NEVER ASKED FOR A SOLICITOR because i had never been in trouble before

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You were cautioned, not prosecuted.



Just don't voluntarily give that information up in the future. Why would you? Unless you'reworking with sensitive or valuable things i cant imagine why anyone will ask for a DBS check. Just f**king lie. In a fewyears it will be history anyway.


Honesty isn't always the best policy. It isn't like it's a devastating lie. You punched an **** who needed punching.

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You were cautioned, not prosecuted.



Just don't voluntarily give that information up in the future. Why would you? Unless you'reworking with sensitive or valuable things i cant imagine why anyone will ask for a DBS check. Just f**king lie. In a fewyears it will be history anyway.


Honesty isn't always the best policy. It isn't like it's a devastating lie. You punched an **** who needed punching.

 

Really !

So would that be the same advice you would have given to someone who was cautioned about crimes against minors ?


And the employer has the ability to apply discretion if the information is given but if you don't submit the information and found out it will go against you more .


Dbs can be required for so many jobs not just school/ medical based .

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You were cautioned, not prosecuted.



Just don't voluntarily give that information up in the future. Why would you? Unless you'reworking with sensitive or valuable things i cant imagine why anyone will ask for a DBS check. Just f**king lie. In a fewyears it will be history anyway.


Honesty isn't always the best policy. It isn't like it's a devastating lie. You punched an **** who needed punching.

 

Really !

So would that be the same advice you would have given to someone who was cautioned about crimes against minors ?


And the employer has the ability to apply discretion if the information is given but if you don't submit the information and found out it will go against you more .


Dbs can be required for so many jobs not just school/ medical based .

 


What an odd reply. Why would assume that?


The OP got a caution for defending himself from a bully. My advice would have been to not disclose it at all. Claim ignorance. Hope for the best as this seems to be going against him anyway. He has 3 years before its a non issue.


If i understand it right, a DBS is now being carried out because he chose to disclose it?

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I thought it was the CPS who chose whether to prosecute.

Good luck with it though

 

Not sure what cps is ?

All i can tell you is i went in volutary interviewed then arrested but free to leave at the time :S I WAS A FOOL I NEVER ASKED FOR A SOLICITOR because i had never been in trouble before

 

Crown prosecution service

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I wouldn't have disclosed it, and if it was uncovered later and questions were asked I would show the letter that says it won't affect job applications...

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Many jobs now ask for details of previous convictions or cautions. It's not just about whether you are working with children or vulnerable people, it's also about the employer's responsibility and reputation. If they employ someone with a record for assault and that person then thumps someone in the workplace they are going to find themselves with compensation lawyers chasing them for employing someone with a history of violence.


I inherited a member of staff taken on by my predecessor who had lied about her past when appointed, in the end she was prosecuted for having obtained the job (and therefore the wage) by deception. I think the charge was obtaining a pecuniary interest by deception - for which she was sent down for 2 years. So advising people to withhold the facts may not be in their best interest long term.


Unfortunately a lot of us do things in the heat of the moment without realising the potential harm it may do in the future. Thumping someone sticks with you. So does applying for a job and withholding all the facts. I would suggest the advice of when you're in a hole don't dig yourself in any deeper applies.


The advice to speak to someone like Citizens Advice is good. It might also be worth speaking with NACRO. I worked with them a while back and they do good things for people with a record that is preventing them finding a job.

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Sorry mate I've only just seen this, pm me for any advice!!


Right. So you've had a caution. You've not been convicted of anything. A caution is a means of case disposal. Rather than putting you through the courts system, you've owned up and accepted the caution simple as that. The CPS don't issue cautions at this point, it's up to an ERO (evidential review officer) to make the decision. This would not have even been passed to the CPS.


Common Assault has a few parts to it. The fact you hit him, means its assault by beating (Battery). That's all. It shouldn't matter how it's worded, it's the lowest tier physical assault possible. Poking someone in the chest amounts to the same.


I really don't see their issue. Dishonesty offences are far worse in employers eyes.


If you want a chat anytime, I'm available....


(Unless I'm locking someone away for common assault....)


By the way, if anyone asks you if you were arrested for it, you were not. What you had was an interview under caution, no arrest. Otherwise known as a caution +3.


It sounds like your employers, and yourself (I don't mean this in a derogatory way) don't understand the offence and wording. If either of you want to talk to me and I'll explain, I'll do that.

Edited by MrBrightside
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I thought it was the CPS who chose whether to prosecute.

Good luck with it though

 

Not sure what cps is ?

All i can tell you is i went in volutary interviewed then arrested but free to leave at the time :S I WAS A FOOL I NEVER ASKED FOR A SOLICITOR because i had never been in trouble before

 

This might have even been your saving grace, and the difference between a proper conviction or not. You did the right thing and owned up, knowing the weight of evidence against you.


So many times I have seen wanky defence Solicitors and legal representatives advise their clients to say 'no comment' when they are asked questions. Following a 'no comment' interview, the majority are charged or the case is put before the CPS, who will most of the time authorise the charge.


I hate defence solicitors for that. They can totally screw someone right up giving shit advice, just because they want to get out of the nick as fast as possible to watch Eastenders etc.

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So many times I have seen wanky defence Solicitors and legal representatives advise their clients to say 'no comment' when they are asked questions.

As is the duty and right of decent legal counsel.

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