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Common assault - is there more than one type?

(18 Posts)
partystress Fri 23-Oct-15 22:21:32

I am coming across conflicting information as to whether a youth caution for common assault would be filtered from an enhanced DBS check. Lots of sources (including NACRO) say it would be filtered, yet it is listed on the exempt offences list. Are there two sorts? Does anyone have a definitive answer?

PolterGoose Fri 23-Oct-15 22:37:07

Message withdrawn at poster's request.

partystress Sat 24-Oct-15 11:17:30

Mmm. Thank you PG. Victim was a child 14 or 15, but same age or slightly older than my DS who is receiving the caution. Would that make a difference? Genuinely confused by the information out there.

caroldecker Sat 24-Oct-15 11:54:40

you could reject the caution and make them go to court

partystress Sun 25-Oct-15 11:25:24

Caution is the better option as it is off a normal DBS in two years rather than 5.5, and DS admits he hit the other boy (during a game of playground football). But there appears to be genuine confusion about whether common assault is filtered from an enhanced DBS check. A NACRO presentation to NHS employers and a website called unlock say it doesn't have to be disclosed, yet Common Assualt and battery is on the list of offences that are never filtered. It may be we have no choice, but I don't want to sleepwalk into accepting the wrong sort if there's a better option out there.

caroldecker Sun 25-Oct-15 11:55:33

It would appear from the government list that common assault on a child is not filtered, but common assault on an adult is. This would make sense as the DBS is (mainly) about protecting children.

titchy Sun 25-Oct-15 12:47:01

No idea, but a recent OP by a poster called partystress in virtually identical circumstances suggests this would appear on an enhanced DBS. Maybe search for that thread as there was lots of advice on it.

titchy Sun 25-Oct-15 12:47:41

Ah that was you blushsorry!

PolterGoose Sun 25-Oct-15 14:35:17

Message withdrawn at poster's request.

partystress Sun 25-Oct-15 14:45:27

Thanks Titchy. Yes was me and we are pleased it is no longer being classed as ABH, but worried that it is still looking like a lifetime of declaring it for any jobs in education or youth work sad. I will speak to NACRO. Seems odd that an adult on adult assault would be filtered, but child on same age child wouldn't. Poltergoose is your experience in relation to jobs requiring enhanced checks?

PolterGoose Sun 25-Oct-15 14:56:33

Message withdrawn at poster's request.

partystress Sun 25-Oct-15 17:20:59

flowers Poltergoose. Much appreciated.

sashh Sun 01-Nov-15 09:11:06

There has been a move recently towards removing things from a DBS which were commited as a child.

Until now any caution would stay on an enhanced DBS for life. I have taught students who have had cautions for things like assault, mainly they were told the record would be wiped and it hasn't been.

Fortunately many places that require an enhanced DBS know that 'assault' can mean a10 year old screaming, 'I hate you' to your mother in the street and because of this many employers / colleges will ask questions, there are some however that won't.

PolterGoose Sun 01-Nov-15 09:14:26

Message withdrawn at poster's request.

sashh Sun 01-Nov-15 11:24:20

Polter

10 is the age of legal responsibility.

Assault doe not have to be physical.

PolterGoose Sun 01-Nov-15 11:54:57

Message withdrawn at poster's request.

trufflehunterthebadger Wed 04-Nov-15 19:31:14

common assault has 2 strands:
assault- causing a person to fear immediate and unlawful personal violence. therefore someone punching at your face but not actually hitting you would be a common assault
battery - when the offender makes physical contact eg. kicking you. it requires no or very minimal injury on cps charging standards.

speak to his YOT worker or your local YOT to clarify the situation. you could also make enquiries with your local force's data protection/FOI as they are the ones who do enhanced checks. Do not reject a caution as someone else has suggested - if he has already fully admitted it in interview it is unlikely that magistrates would find him not guilty and then he would be looking at a conviction not just a caution

trufflehunterthebadger Wed 04-Nov-15 19:33:02

and polter is absolutely right that shouting "i hate you" would not be an assault. it would need to be accompanied by some sort of physical threat

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