on 30-05-2012 09:53
This isn't for me but on behalf of someone else.
My friend was given an informal caution for assault against me. She suffers from Borderline Personality Disorder and has just come out of a psychiatric hospital so it wasn't her usual self. If it can be contested, I really think we have grounds to remove it from her ECRB disclosure.
At this point of her life, she was living on the streets, had no medication, was discharged from hospital knowing she felt suicidal and was attempting to do so. She was having a break down and I think it is unfair that it stays there. She was given it about 6 months ago.
Will it show up anyway or disappear after so many years? Can I argue the point? Do I stand a chance of getting it removed?
Mental health is an illness which shouldn't be punished. I know she wouldn't have done this if the doctor had given her the medication.
30-05-2012 10:04 - edited 30-05-2012 10:06
It's few years since I was involved in doing the paperwork for CRB checks, so I might be wrong, but I think it will stay on a check.
Edit: if she's getting one done for a job, an employer might not take it into account anyway
on 30-05-2012 10:08
30-05-2012 10:09 - edited 30-05-2012 10:48
An Informal caution generally refers to " A word in someones ear". It is not a criminal record. It is generally words of advice given by a police officer to someone regarding their behaviour. They may be asked to sign the Police officers notebook as a record of the conversation.
A caution issued at a police station however (following arrest) is given as an alternative to going to court. It lasts for at least 5 years and then "expires". it will appear on any CRB check.
If the caution was given at a police station following interview but you believe that she was not in a fit mental state to accept it you should seek legal advice. Many solicitors offer a free initial interview. You could also seek advice from Citizens Advice. They should be able to advise any action that you may be able to take.
on 30-05-2012 10:18