+xWhat does "no automatic disclosure of cautions" mean exactly? For example - a Standard or Enhanced DBS check will always contain details of cautions given for "specified offences". "Specified offences" generally are serious offences - however, include some things that are arguably not as serious, such as, for example: Children Act 1989, s50(9) - Obstructing an authorised person exercising power to remove a child (related to social services attending to remove children from care of parents etc) Children and Young Persons Act 1969, s32(3)Compel, persuade, incite or assist another person to become or continue to be absent from care Homosexual Offences (Northern Ireland) Order 1982, Art 7 Procuring others to commit homosexual acts Offences Against the Person Act 1861, s47 Assault ocassioning ABH
List_of_offences_that_will_never_be_filtered_PDF_.pdf
These are all just a handful of offences that can never be filtered, so if you receive a caution at the age of 18 for an offence of ABH, that caution will need to be disclosed for Standard/Enhanced checks for the rest of your life under current law. Furthermore, the way most cautions are issued now is by way of a "conditional caution" - this has a rehabilitation period of three months. This means a caution received, even for the most minor of offences, must be disclosed for three months, hindering job prospects, or worse; risking ongoing employment by virtue of potentially being required to disclose it to a current employer (depending on the employment contract). FairChecks is simply asking two things - for conditional cautions to be immediately spent, so technically never need to be disclosed, and consideration given to whether there is a real need for indefinite disclosure of some cautionable offences - if the Police have considered an offence is minor enough to be dealt with by way of a Caution, why does Government legislate that such offences need to be disclosed forever in perpetuity? It does not make sense!
|