• 🇬🇧󠁿 🇸🇪 🇿🇦 🇮🇪 🇬🇭 🇩🇪 🇪🇺
    European & African
    Drug Discussion

    Welcome Guest!
    Posting Rules Bluelight Rules
  • EADD Moderators: axe battler | Pissed_and_messed

Caution(s)/Criminal Record(?) And declaring on job forms

D

dakky

Bluelighter
Joined
Jul 11, 2001
Messages
377
Any help appreciated.

I've been offered a contract for a few months. It's a TV job of which I've done many and never been asked about criminal past before.

I have a caution for possession (class c, I think K was at the time) in 2011. And I have one in 2015 for the same drug which was class B.

There are two forms. One is specifically about you being a criminal.

The questions are

ALL EMPLOYEES MUST CONFIRM THE FOLLOWING STATEMENTS
□ I do not have a criminal record or Anti-Social Behaviour Order
□ I do not have any criminal charges or prosecutions pending
□ I have never been cautioned or convicted of any offence relating to a person under 18
□ I have never been subject to disciplinary action or sanction relating to children*
□ I have no history of abusive behaviour towards children
□ I have no unspent criminal convictions, police cautions or, to the best of my knowledge, I am
not the subject of any ongoing criminal investigations.

If you are unable to make these declarations, please bring this to the attention of your line manager. This
information is for our consideration only.



The other is a generic form with one question about convictions but as far as I can tell I don't have any convictions as only a court can convict someone and a caution is not a conviction.


So my question is is a caution a criminal record. Do I have to leave the first question blank and let them know as per the bold line? There may be children. older or "vulnerable" people around. I assume if I lie or do it wrong and they DBS check me then they can/will fire me.

But if I admit to having a criminal record and caution (or do I need to admit to two) then can they rescind the job offer?

Fromhttps://www.askthe.police.uk/content/Q562.htm Cautions are covered by the Rehabilitation of Offenders Act 1974 and become spent immediately (apart from conditional cautions which will become spent after 3 months). Unless applying for particular types of work (see below), a person who has spent cautions does not have to disclose them to prospective employers, and employers cannot refuse to employ someone on the basis of spent convictions.

So, do I have a criminal record? I think yes, but not 100%. And do I have to admit it because they are spent? Or is not admitting having a criminal record lying?

Am I safe that the police website is correct that they cannot now refuse the job? I worry that maybe it is exempt because of the potential of there being "vulnerable people"

Cheers and thanks for any help!
 
Are they likely to DBS check you? I can only imagine that happening if somebody worked in care/teaching/etc.

This kind of stuff is a minefield, so who knows really. I originally posted more but it was just some stuff I found from a quick search on google & I don't know what I'm talking about. This is why we don't offer legal advice. I'd suggest contacting this charity that came up in the search results: http://hub.unlock.org.uk/

Other than that, like I say, we don't offer legal advice. Speak to the professionals.
 
Last edited:
You should really be seeking proper legal advice from a qualified solicitor specialising in employment law, not asking random strangers on the Internet.

They will also have to convince your prospective employer that it's better for everyone concerned if you are gainfully employed and paying taxes, than claiming benefits and risking being tempted back into a life of petty crime .....
 
Tranced said:
Are they likely to DBS check you? I can only imagine that happening if somebody worked in care/teaching/etc.

This kind of stuff is a minefield, so who knows really. I originally posted more but it was just some stuff I found from a quick search on google & I don't know what I'm talking about. This is why we don't offer legal advice. I'd suggest contacting this charity that came up in the search results: http://hub.unlock.org.uk/

Other than that, like I say, we don't offer legal advice. Speak to the professionals.
Click to expand...

I just don't know if they will. It doesn't say they will. I was once on a TV job where we were filming with with the Homeless.

I have read it is illegal to not employ someone because of a spent conviction unles exeempt from rehab of offenders act 1974. The questions is is if there are kids around in this show (potentially) or vulnerable adults (unlikely)

My last show I filmed with 6 families and they all had kids and they didn't ask about criminal record nor DBS me.

Cheers

I may try contacting that charity
 
Do NOT lie. It is tempting to do so, but if you accept the job and start and youre going along happy as larry, only for them to do the check you will be fired. You will then have to explain to your next employers why you were fired. It will follow you for a couple of years.

My advice is to be honest, and as you said it is illigal to not employ someone due to a spent conviction, let alone a caution. I would be honest and then have a solicitor at hand to ask them what the deal is if they do receind the offer.
 
there are two checks a 'normal' dbs and an enhanced one a normal one wont show cautions but the other will . The job i have now i had an enhanced dbs and it came back saying caught in pocession of class a drug heroin... but i told my employers the situation and that i was now clean and no problem - lie the op said dont lie - explain.
 
blondin said:
there are two checks a 'normal' dbs and an enhanced one a normal one wont show cautions but the other will . The job i have now i had an enhanced dbs and it came back saying caught in pocession of class a drug heroin... but i told my employers the situation and that i was now clean and no problem - lie the op said dont lie - explain.
Click to expand...

And enhanced shows up spent convictions too :(

Defo not worth lying... Cautions are counted as spent right away (unless they came with conditions) so you don't have to declare those.

I've got a criminal record which is now spent, was honest in jobs and have even managed to get a visa to work in the US... Was all more stress than it needed to be in end :)
 
i think all drug cautions come with conditions. so declaring them or not they will still show on an enhanced dbs
 
EP158207 said:
Do NOT lie. It is tempting to do so, but if you accept the job and start and youre going along happy as larry, only for them to do the check you will be fired. You will then have to explain to your next employers why you were fired. It will follow you for a couple of years.

My advice is to be honest, and as you said it is illigal to not employ someone due to a spent conviction, let alone a caution. I would be honest and then have a solicitor at hand to ask them what the deal is if they do receind the offer.
Click to expand...

I spoke to a charity that said because it doesn't say that it is exempt from the 1974 act anywhere that I don't legally have to disclose that I have a criminal record even if they ask as they do and they can't (she said) fire me for it.

She said for the role I am doing then they are only really entitled to do basic DBS check which wouldn't show cautions anyway.

If they later on say that the role is exempt and they want to do enhanced DBS check (or for a role with the same company in the future) then I can disclose the information and if they say something then I can say well at the time they didn't inform me that it was exempt and so legally I didn't have to disclose the fact that I had a criminal record even though they asked.

Obviously this is relying on one person but if I don't have to open a potential can of works then I would prefer not to!

If the shit did hit the fan then according to their website then they have this service

https://www.nacro.org.uk/resettleme...t-rights-and-representation-for-ex-offenders/
 
If it is for the BBC I wouldn't worry, Jesus wept the tales I could tell you about some folks from there 8(
Disco powder sure seems to be the dance floor craze at some dancing show a talking dog once told me in a strange dream.
 
Get some proper, legal advice from an actual qualified lawyer. Do not trust anything said by random strangers on the Internet. Not even this.
 
BecomingJulie said:
Get some proper, legal advice from an actual qualified lawyer. Do not trust anything said by random strangers on the Internet. Not even this.
Click to expand...

I'll have you know I am a member of The Bar Council & it is upto you to prove me wrong.

I will give him/her perfect legal advice with no thanks to you & my advice is fuck them, fuck their declarations on the paper it's written. Yes that is what I say, actually make a vagina out of their form in a Origami style & fuck it right in front of their eyes.

Anyone tries to arrest the OP for obscenity I'll have their arse out on bail in a second.
 
I told them. I was real casual and made it out to be nothing (didn't tell her 2 cautions just said I have been cautioned for class b or c possession) and it was fine. Although I still would have preferred to not tell them.
 
You must log in or register to reply here.
Top