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Old 07-07-2008, 07:11 PM   #1 (permalink)
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I have a caution for assault. It has been 3 years and I have no other convictions. I got my criminals record check from disclosure scotland and it was not on there. Does this mean that it has spent? and do you think it will cause me problems getting my CP sia licence? I have already applied and am just awaiting criminal disclosure.
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Old 07-07-2008, 07:20 PM   #2 (permalink)
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Just found this. Though personnel experiances would still be apprieciated.
Cautions and Warnings

When making decisions about your eligibility for a licence, we consider cautions and warnings as follows:
  • <LI class=webbody>Cautions and warnings that are at least five years old will be disregarded. <LI class=webbody>Cautions and warnings will be considered more leniently than convictions where there is a single caution or warning on an otherwise clean record as this does not indicate a pattern of criminality and could be considered out of character. In these cases we will invite mitigation. <LI class=webbody>The greater the number of cautions, warnings or convictions on your record, the more likely it will be that we will refuse your licence.
  • The principles applied to rehabilitation will be taken into account when considering a recent caution where other criminality exists on your record.
Cautions or warnings for significant offences:
  • <LI class=webbody>We will disregard a single caution or warning over two years old on an otherwise clean record. <LI class=webbody>We will consider additional factors where you have only one caution or warning in the two years before the application on an otherwise clean record. You will be invited to submit mitigating information. <LI class=webbody>We will consider additional factors where you have two or more cautions or warnings in the two to five years before the application. You will be invited to submit mitigating information. Higher numbers of cautions or warnings on record will increase the likelihood that we will refuse your licence application. <LI class=webbody>We will automatically refuse your licence application where you have two or more cautions or warnings in the two years before the application. <LI class=webbody>We will automatically refuse your application if you have a caution or warning in the two years before your application and any other significant offence(s) where the sentence restriction(s) ended in the five years before your application.
  • We will automatically refuse your application if you have a caution or warning in the two years before your application and any other serious offence(s) where the sentence restriction(s) ended in the ten years before your application.
Cautions or warnings for serious offences:
  • <LI class=webbody>We will disregard any caution or warning over five years old. <LI class=webbody>We will consider additional factors where you have only one caution or warning in the five years before the application on an otherwise clean record. You will be invited to submit mitigating information. <LI class=webbody>We will automatically refuse your licence application where you have two or more cautions or warnings in the five years before the application. <LI class=webbody>We will automatically refuse your licence application if you have a caution or warning in the five years before your application, and any significant offence(s) where the sentence restriction(s) ended in the five years before your application.
  • We will automatically refuse your application if you have a caution or warning in the five years before your application and any other serious offence(s) where the sentence restriction(s) ended in the ten years before your application.
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Old 07-07-2008, 07:37 PM   #3 (permalink)
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Nice one Cityimp. Never having had any convictions or warnings, its not something I ever worried about, but it will give others some idea how the previous convictions and cautions are regarded.

Is this taken from the sia website?

It could be worth any sia applicants with a past record to call in prior to applying in order to save £245.00. LOL just realised what I said there, it could cost that much just trying to get through.

regards

AJ
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Old 07-07-2008, 07:50 PM   #4 (permalink)
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Yes its from the sia website mate.

Fingers crossed
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Old 31-07-2008, 09:36 AM   #5 (permalink)
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My partner and I had a very minor domestic in March this year and I was given a caution. I only agreed to the caution as the officer said it wouldnt affect any future job applications or show up on a CRB, well it has.

My badge has now been refused! Does anyone know the appeals process. I'm in contact with the Police at the moment and they are investigating the validity of the caution considering the Officer told me that the caution wouldnt show up on a CRB. I would of refused the caution otherwise.
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Old 31-07-2008, 11:13 AM   #6 (permalink)
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Has it gone straight to refuse? or minded to refuse? If its gone straight to refuse I think you may have to wait a while before they reconsider. If it has gone to minded to refuse then you will have to send in character references, Best they come from Police officers or people upstanding within the community. I spoke to someone on here who had a caution for assault 18 months ago and he was given his badge. Im still waiting I sent my character references off, And have spoke to my future employers who say it is common place for someone with a caution to be asked to provide character ref and it is not normally a problem.
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Old 31-07-2008, 11:23 AM   #7 (permalink)
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It was minded to refuse on the application status, then got my letter (dated 9 July) through and it still said minded to refuse and had 21 days to write back (30 July deadline) with any errors in the CRB and I enclosed references including one from a former Officer in the Forces. Checked the status again on Monday and on 27 July they'd refused me, they hadnt even looked at my letter and references which I faxed and sent GD for 30 July!! I've now emailed them saying that they hadnt even given me a chance. Now going to appeal and go to Magistrates.
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Old 31-07-2008, 11:33 AM   #8 (permalink)
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Mate never fax always send recorded delivery and get a signature. I dare say that it was refused due to how recent it has been mate. Did you have anything else on your record? what were you actually cautioned for?
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Old 31-07-2008, 11:40 AM   #9 (permalink)
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Common assault mate. Totally out of character and very minor, me and the mrs had a to do and I grabbed her by the arm and she had bruises, she's anaemic so bruises really easily anyway. She didnt want to give a statement and feels she was railroaded by the Police and she's now going hammer and tongs at Surrey Police, Police Commissioner for Surrey, IPCC, she's like a dog with a bone. At the end of the day they said that it wouldnt affect job applications or go down on a CRB before they cautioned me, its the only reason I accepted the caution! I would rather have gone to Court (it wouldnt of got there though)!
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Old 31-07-2008, 11:45 AM   #10 (permalink)
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They dont know the details mate they just see assault in march and I will be honest because its so recent I dont think the sia will reconsider. Without a doubt take it to court get your misses there and get a good solicitor I think you have a case mate. Good luck.
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