Youth Cautions Archives - Police Caution Removal Solicitors

What is a Protected Caution?

Matt Elkins — Tue, 14 Sep 2021 18:54:00 +0000

If you have received a police caution you may be wondering: what is a protected caution?

What is a Protected Caution?

The best way to explain the difference between when a criminal record becomes “spent”, and when it becomes “protected”, is to look at the different types of background check.

What is a protected caution and how do they relate to DBS certificates?

There are three types of DBS certificate, basic, standard, and enhanced.

All employers can ask for a Basic DBS check. It is in relation to a Basic DBS check that it matters whether your record is “spent” or “unspent” according to the Rehabilitation of Criminal Offenders Act 1974.

All cautions are immediately “spent” for the purposes of a basic DBS check as soon as they are issued, no matter the type of offence, or when the caution was issued.

The only exception to this is in relation to a conditional caution. For a conditional caution it will become spent as soon as the conditions expire, up to a maximum of three months.

What is a protected caution and how does it relate to a standard and enhanced DBS certificate?

If your employer is asking you to apply for a standard or enhanced DBS certificate, this means they are allowed to ask an “exempted question”. This basically means that they are allowed to ask you about spent criminal records, but only to the extent that they are not “protected”.

The typical question you will be asked is the following:

Do you have any adult cautions (simple or conditional) or spent convictions that are not protected as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2020?

So, what is a Protected Caution?

An adult caution will become “protected” if it was issued six or more years ago, unless it is for an offence that is on the specified offences list.

All youth cautions (both simple and conditional) will be protected immediately.

If an adult caution is for an offence that appears on the specified offences list, your caution will be indefinitely disclosable on both a standard and an enhanced DBS certificate. Typical examples of specified offences cautions are ABH, affray, child cruelty/neglect, possession of indecent images of children or sexual assault.

For further details on when a caution will be disclosed, you can use our: police caution calculator.

A caution will become “protected” if it was issued six or more years ago, unless it is for an offence that is on the specified offences list.

What is a protected caution and will it continue to be disclosed after six years?

Once a caution is protected the police will still retain it on the Police National Computer (PNC) until you reach 100 years of age.

For youth cautions they will not be automatically disclosable on any level of DBS certificate, but may be revealed as “relevant information” on an enhanced DBS certificate.

For adult cautions, after six years, a caution will be “protected” and will not be revealed on a standard DBS check, but might continue to be revealed on an enhanced DBS check as “relevant information”.

In order for the police to reveal a protected caution, they would have to justify that it was necessary, reasonable, and proportionate to disclose the information. If you are arrested a second time, or receive a second caution, then it will make it much more likely that a protected caution will be revealed on an enhanced DBS certificate.

What is a Protected Caution and how does it impact overseas travel?

A protected caution can also continue to cause problems with respect to visas and citizenship overseas. A caution will be revealed directly on an ACRO Police Certificate for either 5 or 10 years depending on the offence. Once the time period has elapsed, the caution will become “stepped down”. Once it is stepped down it will be indirectly revealed via a “no live trace” disclosure.

For anyone who has never been cautioned or convicted, their Police Certificate will simply state “no trace”. If you provide a “no live trace” certificate to a foreign embassy, most often they will then enquire into the details of your criminal record. Certain countries, notably the United States and China, may block a Visa or citizenship application based on a police caution, depending on the offence, and when the caution was issued.

Police Caution Removal Solicitors

So if you have now answered the question, what is a protected caution, and you realise your caution is not protected, then please get in touch.

We have years of experience in applying for the removal of police records, including hundreds of successful police caution removal cases.

We understand the significant impact a low-level criminal allegation can have on someone’s career, and we deal with every case sensitively and compassionately.

We charge reasonable fixed fees for our services. Please contact us to arrange a fixed fee initial consultation where we will be able to provide you an honest and frank opinion on your prospects of successfully having your police caution removed.

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Caution Deleted for Historic Sexual Assault Youth Caution

Matt Elkins — Mon, 30 Sep 2019 01:26:34 +0000

Our client had been issued with a youth final warning (called a youth caution today) for a sexual assault.

The facts of the allegation were complex, and related to bullying the client had been the victim of at school. The school had failed to protect him from ongoing bullying and which had culminated in a manufactured incident by his tormentors.

When the client was at the police station he did not have any legal advice, and was effectively railroaded into accepting the caution by the police. His family was misled about the applications of the caution, and agreed to its imposition.

Deletion of Sexual Assault Caution

We reviewed the evidence, spoke to witnesses, and we were able to piece together what had actually happened.

We presented our findings to the police, who promptly agreed to the compete deletion of the client’s PNC record and biometric data.

Now that the caution is deleted the client’s DBS check will be clear, also his ACRO Police Certificate will now state “no trace” as opposed to “no live trace”.

Records Deletion & Professional Disciplinary Solicitors

We have extensive experience in applying for the deletion of police cautions in relation to many different police forces.

Along with applying for the deletion of police cautions, we are also able to assist with the deletion of PNC arrest records, community resolutions, harassment PINs, Penalty Notices for Disorder (PNDs), biometric data (including custody images) and local police records held on the Police National Database (PND).Along with applying for the deletion of police records, we can also assist with challenging DBS disclosures on both standard and enhanced DBS certificates. Our lawyers also have extensive experience in challenging DBS barring decisions; both appealing existing barrings, or resisting a new barring application.

We can also assist with applying for the removal of online records, such as unfavourable news articles under the right to be forgotten (the right to erasure).

Also if you, or a loved one, has received a restraining order, we will be able to assist in its removal or amendment.

We are also able to help if you are being investigated by a regulator including the General Medical Council (GMC), the Nursing and Midwifery Council (NMC), the Health Care Professions Council (HCPC), the General Pharmaceutical Council (GPhC), Medicines and Healthcare products Regulatory Agency (MHRA), the General Optical Council (GOC), the Association of Accounting Technicians (AAT), the Association of Chartered Certified Accountants (ACCA), the General Dental Council (GDC), the General Osteopathic Council (GOsC), Institute of Chartered Accountants in England and Wales (ICAEW), the Royal College of Veterinary Surgeons (RCVS), and the Teaching Regulation Agency (TRA).

In most cases we offer fixed fees, unfortunately we do not offer legal aid.

Please get in touch to arrange an initial consultation.

The post Caution Deleted for Historic Sexual Assault Youth Caution appeared first on Police Caution Removal Solicitors.

ABH Youth Caution Removed for Client

Matt Elkins — Fri, 29 Apr 2016 17:11:10 +0000

We have again successfully removed a youth reprimand (now called a youth caution) for a client.

Police Caution and Youth Caution (reprimand) Removal Solicitors

The client, a trainee teacher, had undertaking extensive academic study and teacher training only to be prevented from qualifying as a teacher due to a historic youth reprimand for ABH (Actual Boldly Harm).

That’s fantastic news! Thank you so much for all of your help I am so grateful. I can finally concentrate on my career without having to worry about it.

ABH Actual Bodily Harm Cautions

As the reprimand was for ABH it meant that it would always be disclosed. For ABH cautions no matter how much time passes the caution will always be disclosed on both an enhanced or a standard DBS (Disclosure and Barring Service) certificate. NB: November 2020 edit: Youth cautions, warnings and reprimands are immediately “protected” subsequent to changes implemented by the government. This means that even for offences that appear on the DBS list of unfilterable offences, they will not be automatically be disclosed on an enhanced and standard DBS check. It should be noted however despite the changes, it is still possible for facts related to youth cautions, warnings or reprimands to still be disclosed on an enhanced DBS certificate if the police feel the information is “relevant”.

Police Caution Removed

The client is now able to pursue a teaching career without the reprimand showing on a DBS certificate.

The case was particularly satisfying for us as a firm as the client had overcome numerous disadvantages to train as a teacher and removal of the reprimand meant that the past could finally be left in the past.

Criminal Appeals and Police Record Expungements

We are expert DBS appeals and criminal records expungement solicitors.

If you have been issued with a police caution then we are able to help. You may be finding that a caution is having a more serious impact on your life than you were led to believe it would have.

You may have only admitted an offence to avoid going to Court or you were told it was just a slap on the wrists. If you have received a police caution and would like to discuss getting it removed (expunged) from the police national computer (PNC) then please get in touch.

We can also assist if you are on the barred list or need to appeal a DBS certificate.

DBS Errors and Delays Compensation Solicitors

If you have been prevented from working due to delays or mistakes made by the Disclosure and Barring Service (DBS) then please get in touch. We will be able to apply for compensation on your behalf, for a fixed fee, ensuring you secure the most money possible. You may have lost significant income due to mistakes by the DBS, if so you are entitled to compensation.

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ABH youth reprimand downgraded

Matt Elkins — Sat, 07 Nov 2015 11:49:02 +0000

We were instructed by a client to challenge an unfairly issued youth reprimand for ABH (now called a youth caution).

Unfairly Issued Youth Warnings and Cautions

The client was training to be a teacher and only discovered the reprimand would affect him after undertaking many years of higher education. As the reprimand was for ABH (actual bodily harm) it meant that it will always be disclosed on all types of DBS (Disclosure and Barring Service – previously CRB) certificate.

Matthew Elkins reviewed the case and advised that there was a basis to challenge the reprimand.

NB: November 2020 edit: Youth cautions, warnings and reprimands are immediately “protected” subsequent to changes implemented by the government. This means that even for offences that appear on the DBS list of unfilterable offences, they will not be automatically be disclosed on an enhanced and standard DBS check. It should be noted however despite the changes, it is still possible for facts related to youth cautions, warnings or reprimands to still be disclosed on an enhanced DBS certificate if the police feel the information is “relevant”.

Caution and Youth Reprimand removal Lawyer

The police agreed to downgrade the youth reprimand to common assault which meant it would no longer be mandatorily disclosed on a DBS certificate. As a result the client’s DBS certificate was cleared and he is now able to train to become a teacher.

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