Questions and Answers

Some of the information here is sourced from Nacro

What is a caution?

A caution is a formal warning administered by a senior police officer in a police station. Reprimands and final warnings are a form of caution for juveniles, also administered by a senior police officer, usually in a police station. None of these are criminal convictions as such, so do not have a rehabilitation period and cannot be spent or unspent under the Rehabilitation of Offenders Act.

According to Nacro one quarter of the UK population is an ex-offender on this basis it can be assumed that at least ½ has a caution that would be revealed by a CRB disclosure. We are looking into receiving further statistics concerning this from the Department of Justice.

What types of job positions require a CRB disclosure?

All positions working with children or vulnerable adults in some capacity involve having to undertake a CRB check. In addition those employed in ‘trust’ positions such as accountancy or the financial industry would need to undergo a CRB check.

Some employers are abusing the CRB system; and requesting a disclosure for positions despite the fact they are bound by the ROO legislation; this in unfair on such candidates or employees. 

What is the difference between an enhanced and basic CRB disclosure?

Both disclosures reveal spent or unspent criminal convictions, cautions etc. The enhanced disclosure will also reveal all other information the police hold about you.

What does ‘spent’ mean?

Any offence that is spent just means that you don’t have to tell anyone about it – other than when you’re applying for a job where it says ‘exempt from rehabilitation of offenders act’. Normally cautions are spent immediately.

Do I need to disclose my caution in a job application?

If the job application is exempt from the Rehabilitation of Offenders Act 1974 you have to include unspent and spent convictions. Cautions are spent convictions so you do not have to reveal these except where it specifically says ‘Exempt from Rehabilitation of Offenders Act’ on the form.

What other organisations may ask if I have been cautioned?

Unfortunately, insurance companies are legally allowed to know about any spent criminal convictions in processing personal data about you although theoretically the ROA protects you from having to give this kind of data out.

How can I find what information the police force hold about me?

Any enhanced disclosure you hold will give you a good idea of what all police forces hold about you. If you want to approach the police about information they might hold about you the best thing to do is approach that particular force for a FOI (Freedom of Information) request usually via their website, googling that forces name e.g. ‘West Mercia Constabulary’. There is usually a £10 fee for this service. Most requests are apparently granted. This is called an access subject disclosure and should not be confused with a APCO check which is usually for a visa.

What can I do voice my opinion about any of these issues?

You can write to your MP or email them letting them know your thoughts using the http://www.theyworkforyou.com/ website to find their contact. You can also write to Jack Straw, the current Lord High Chancellor for Justice at: -

Ministry of Justice
102 Petty France
London
SW1H 9AJ.

A letter is best – outlining your thoughts– particularly if you have been directly affected by a caution, particularly within a short time frame for first time offenders is a crucial step for the government to take. If you want some advice on wriitng a letter or want to send us a copy you've sent please contact us. We will not try to change your opinion as that is not the vision of the initiative.

You can also sign our petition on the ‘petition’ section of the site.

What is ‘stepping down’?

Stepping down is a process by which police forces suppress certain spent convictions, like cautions, so that they are no longer available to external parties but still maintained within their database – the PNC, police national computer. It is SID’s recommendation that stepping down is introduced to give first time offenders and cautionees  a chance in an employment market full of restricted possibilities where disclosure administration is concerned.