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Accepting a caution while training to be a nurse

(26 Posts)
burntoutteacher Tue 14-May-13 22:02:50

This is a really brief synopsis, hope you guys can help.

My friend is training to be a nurse. Her mentally abusive ex has been harassing her via the authorities since they split. In 18 months he has taken her to court for access (confusedbut doesn't show up ), and reported her to SS and she had to be interviewed twice. He won't work officially but does have jobs on the quiet, doesn't pay towards the children either.

Foolishly, she approached him at his place of work 6 months ago and argued with him over money. He started pushing her out of the shop and she lashed out and hit him across the chest. He called the police and wants her prosecuted. She has begged him not to, given the effect it will have on her career and the children, but he just laughed.

Police want to caution her instead but my understanding is that it will remain on her file for 100 years and will be just as damaging for her career. She has to sign the caution tomorrow and is devastated.

Is there anything at all she can do? Police have apparently tried to reason with him but he said he feels victimised ( don't get me started on that) and so she is to be cautioned.

She feels the career she tried so hard for is about to be shattered and he will then find new ways of beating her down. Please help:/

Putthatbookdown Thu 31-Oct-13 16:23:37

It is only her ex-husband for God's Sake Anyone could find them selves in this situation This is going on all the time between arguing couples

Kafri Wed 30-Oct-13 15:34:34

It's not the police who decide of they're likely to get a conviction. It's CPS. A caution is offered for a minor crime depending on the person commuting the crime ie previous history etc. don't just assume they won't take it to the CPS if you decline a caution. People have ended up in mag court for a lot less!!

sporktacular Wed 30-Oct-13 09:13:34

Police often offer a caution if they think there is a low chance of actually getting someone convicted/it's not worth the hassle. So it's also worth speaking to a solicitor to think about what the odds are of you actually not getting anything at all if you decline the caution.

Thanks Tiredemma, I remember reading it first time around smile I wonder what happened in the end?

prh47bridge Tue 29-Oct-13 10:07:53

A caution is not a conviction but it will show up on a DBS check and must be disclosed if the role is eligible for such checks. A caution received as an adult will not appear on DBS checks after 6 years unless it is for certain offences that are particularly relevant to safeguarding. The presence of a caution on a DBS check is not necessarily a bar to employment in the NHS. That depends on the nature of the offence and whether or not it is regarded as relevant to the role.

Tiredemma Tue 29-Oct-13 09:40:51
Tiredemma Tue 29-Oct-13 09:39:27

The other thread that discussed this very recently was excellent and hammered out the caution/conviction scenarios well.

ill see if i can find it

By accepting a caution you are admitting to a criminal offence though. If that would have a significant impact on your career and you felt you had a good case to plead not guilty, accepting a caution may not be a wise decision.

Sometimes people will accept a caution when there is little chance they would actually have been convicted at court IMHO. Good for the stats, not so good if you have a career dependent on a clear DBS check.

Kafri Tue 29-Oct-13 09:29:08

Lady As I said A caution IS NOT a conviction - you can only be convicted by a magistrate or a jury!! Until you reach trial you are innocent until proven (beyond reasonable doubt) guilty!

A caution requires you to admit guilt to the police but as a result they take it no further, i.e. to the CPS!

Laymans terms on the gov.co.uk website

https://www.gov.uk/caution-warning-penalty

sewingandcakes Tue 29-Oct-13 08:03:25

Is there anyone at her university/place of study that she could for ask (confidential) advice?

Zombie thread alert!!!!!!

LadyMedea Tue 29-Oct-13 07:50:04

kafri certain professions are exempt from the rehabilitation of offenders provisions and nursing is one of them. Universities, Employers and the NMC make a judgement on fitness it practise as it is a regulated profession, this trumps the Act.

LadyMedea Tue 29-Oct-13 07:47:45

For nursing you do have to declare cautions - they are a criminal conviction as they require you to admit guilt.

That being said the chances of it affecting an already registered nurse are small as there is much greater tolerance than student nurses (part of my job is dealing with fitness to practise cases for student nurses). She will however need to tell her employer as they are responsible for monitoring her fitness to practise. The key thing to remember is to be honest as hiding a small offence is seen as dishonesty which makes the whole thing worse. Being familiar with the way the NMC handle these cases, you have to do a whole lot more than something that will result in a caution to jeopardise your registration. So although this is stressful your friend should try not to worry too much.

That being said she should take legal advice before accepting a caution that she feels is unfair.

Kafri Tue 29-Oct-13 07:44:48

A caution will remain 'on record' but isn't a criminal record of you get me. Only a court can convict you of an offence therefore giving you a criminal record.

It will only show on a DBS check because she will be applying for a job on a certain sector, being a nurse. But, employers aren't allowed to discriminate under the rehab of offenders act.

If she refuses the caution and the cps see fit to prosecute and she is then found guilty not only will she have a criminal record but also, potentially, a sentence too either suspended or otherwise.

Magistrates may be lenient depending in their background but on the other hand they may not.

I think if be taking the caution.

it is a conviction. she may want to consider letting it go to court instead, and definitely needs legal advice.

Kafri Tue 29-Oct-13 07:32:06

It will show up on a DBS check bit in the 'other' section. It doesn't go down as a criminal record as such.

Roshbegosh Tue 29-Oct-13 05:28:12

It's a fair cop then.

DoubleLifeIsALifeOfSorts Tue 29-Oct-13 05:00:30

... Even down to the h following her to place of work, she lashed out and hit him on the chest... And in the other thread we find out that it was captured on CCTV etc

DoubleLifeIsALifeOfSorts Tue 29-Oct-13 04:58:27

We've had an identical thread before which was very well answered.

Roshbegosh Tue 29-Oct-13 04:32:35

My understanding is that for nursing posts you would have to declare cautions as if you accept one you are admitting you were guilty. Assault would be viewed seriously so I would advise her not to accept the caution unless she is likely to be found guilty in a trial. I would speak to the professional body about it (NMC).

sporktacular Tue 29-Oct-13 03:32:04

If you take a caution you admit guilt. I believe that this does come up in CRB checks or whatever they're called now. She needs to speak to a solicitor before she signs anything!

Kafri Tue 29-Oct-13 03:15:57

A caution is just that. It doesn't class as a criminal record.

Squid7 Sun 27-Oct-13 19:03:36

Good Evening burntout,

I have a friend who is in a very similar situation to your friend.

She is also working within the NHS, and has been offered several jobs which are a 'step up' for her, but she has also received a police caution.

What was the outcome of your friends situation?
Did she accept the caution? And if so, how has this affected her career and/or studies, if at all?

Please update this thread, as I am also not sure of how to advise my friend also, at the moment she is wondering how she can tell her employers, as she feels certain that she will lose her job.

She is really worried, and believes that this caution had ruined her chances of working within the NHS altogether. Is this true?

Thank you for your time.

RedHelenB Wed 15-May-13 17:38:18

Has she spoken to a solicitor at all?

RedHelenB Wed 15-May-13 17:37:28

She doesn't have to accept a caution.

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