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Legal matters

Need advice on enhanced CRB

12 replies

CRBhelp · 17/07/2010 18:00

I have name-changed for this.

My query is that I have to do a CRB for a bf peer support course in a couple of weeks. I'm assuming it'll be an enhanced check. I'm worried because 14 years ago I was arrested for drunk & disorderly , very stupid after work do, was in taxi, couldn't remember address, taxi driver dropped me off at local police station where I was rude to an officer, resulting in said arrest and night in cell {{double blush]]. All very stupid, but nothing has ever happened like this since and there was no conviction for anything.

Will this show up on the check?

TIA

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SixtyFootDoll · 17/07/2010 18:01

Were you cautioned/ warned?
Or just booted out in the morning?

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Ragwort · 17/07/2010 18:04

I am 99% sure it won't show up - - similar thing happened to me, lost driving licence for a year due to drinking but have never had any problem getting an enhanced CRB - now pillar of the community . !!

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CRBhelp · 17/07/2010 18:13

Thanks.

AFAIK I was just booted out in the morning and driven home (by a nice policewoman), but it's all a bit hazy TBH. I'm unsure whether to mark the relevant box on the form as yes as then they'll obviously wonder what terrible thing I've done, but if I put no and it comes back I'll crap myself.

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prh47bridge · 17/07/2010 20:55

It is up to the police what non-conviction information they put in an enhanced CRB check so there is no way of being sure. However, even if it does show up it should not be an issue. It may be embarrassing but it is irrelevant, as well as being a long time ago. Employers and voluntary organisations are supposed to discount anything that is irrelevant.

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CRBhelp · 17/07/2010 21:13

Thanks. So I guess I should tick the box to say 'yes' to convictions/cautions/warnings etc just to be sure? Should I talk to one of the course organisers in advance to let them know about it? I would be mortified to have to do that to be honest.

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prh47bridge · 18/07/2010 00:19

You don't seem entirely sure as to whether you actually were cautioned or warned. Even if you don't tick the box, it is highly unlikely that the course organisers will be worried.

If I were you, I wouldn't tick the "yes" ox. If it comes up I would say that I didn't think I'd been cautioned or warned. To be honest, I doubt you will hear anything about it. Even if it does appear on your CRB report, it is a minor offence a long time ago. It is therefore irrelevant.

My advice would be to tick "no" and stop worrying about it.

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HarrietSchulenberg · 18/07/2010 00:40

If you were formally arrested it could well appear on an enhanced CRB as there is a duty on the Chief Constable to disclose any "relevant" information. Whether s/he considers a one-off drunk and disorderly incident 14 years ago to be relevant to your role as BF support I really couldn't say, but I doubt it.

I work with student volunteers and I really appreciate it if they're honest with me from the outset. A blip on a CRB check doesn't automatically bar you from your choice of work - best to be honest and explain then let the course organisers decide.

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ladysybil · 18/07/2010 00:52

even if it does show up, all that happens is that they decide whether or not you are still ok to do the job, whatever the job is. if someone were to tell us before hand of what will turn up, then it is looked at more favourably.

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ragged · 18/07/2010 05:51

There is something called the CRB Code of Practice. Anyone receiving CRB info has to consider your history fairly -- whether a D&D 14 years ago truly has anything to do with your suitability for the job now.

It maybe embarassing if the past gets dredged up, but they'd have a hard case to argue that a single contextual misdemeanor long ago like that has any bearing today.

That said, prejudices run deep and the CRB Code of Practice is probably not applied as it should be quite often. So it's possible you could be turned down for the post because someone on the interview panel just didn't like this part of your history. In which case you could probably pursue whether it's unfair employment policy thru legal channels (ask the CAB for advice).

I am kind of surprised there hasn't been more news coverage of legal cases about this, tbh, maybe applicants are too embarassed. 25% of the working population has some kind of criminal record.

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CRBhelp · 18/07/2010 09:02

Thanks for all your helpful replies . I'm going to have to have a think about what to do about it. Thanks for the link ragged I may phone Nacro and see what their advice is

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CRBhelp · 19/07/2010 10:43

I spoek to Nacro; they said I can send a form off to the relevant police force to request my info, under the FOI Act, so at least I'll hopefully be able to find out exactly whether I was cautioned or not.

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ragged · 19/07/2010 12:58

Good productive thinking on your part, CRBhelp.

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