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Police asking for an apology from ds

261 replies

Driventodistraction0 · 03/07/2023 14:24

DS (17) got into a scuffle at the weekend with a friend. Each hit each other once, no physical harm done. It was a stupid argument over a girl and we’ve said how disappointed we are and emphasised what harm for both of them it could have led to. He is feeling really bad about it, he has been really struggling with his mental health anyway. He has apologised to the friend and friend has accepted. The police rang last night and said they wanted to speak to DS (they were at the scene when it happened). The police have said that he will not be cautioned but that they want him to sign an apology. They said this apology would be seen on future enhanced CRB checks. He wants to train as a teacher so I’m gutted this is the case. We’re all for the police coming to talk to him but this is the first time he has ever been in any trouble ever. I’ve tried to Google how long this would stay on a crb but can’t find anything.

OP posts:
Campingsuperstar · 03/07/2023 20:06

Don’t sign and get legal advice. With teaching going the way it is need might be so great no one will care but for this I would pay for the solicitor. He can pay you back later and that is a lesson learned too

Boomboom22 · 03/07/2023 20:07

Teachers do enhanced dbs so nothing is spent. You can even get notes on there, eg violent men who have never been prosecuted so no record but the police note this.
Some jobs dbs is not enhanced and so convictions that are spent do not need to be declared. Not for children though it never goes.
Although clearly a lot of times the police never record these verbal warnings, cautions or arrests as many current teachers will tell you as they waited for their first dbs or crb to see if that time the police took down your name and said I was a caution really was... it wasn't 🤣

Floppyelf · 03/07/2023 20:11

Do not sign, do not admit to the offence. If he is asked for an interview, go in with solicitor and do a no comment interview. Is the other boy willing to give a statement to the police. Is there any body worn footage from officers present? Is there any CCTV.

Was your son arrested at the scene? technically if officers were present then it will be recorded as an offence as officers can prosecute in this case without a victim to the common assault and they can prosecute your son under public order offences

WetBandits · 03/07/2023 20:11

I’ve reported to MN to move to Legal for you OP as you’ll get sound advice there. Smile

Lucyintheskywithadiamond · 03/07/2023 20:13

Prescottdanni123 · 03/07/2023 19:10

@Lucyintheskywithadiamond

It was a disagreement between two teenagers who have since apologised to each other.

The story about the shop robbery was on the news this morning.

I still don’t see the relevance, are you saying because there are worse crimes happening lesser ones should be shrugged off? Unfortunately when the police become involved it turns serious. Hard lesson but I would rather this than people going round assaulting others. I also think there is more to the story OP has not divulged.

regustering · 03/07/2023 20:15

Eckyftang · 03/07/2023 14:56

If its equivalent to a caution. It becomes "spent" after 10 years and will not show up on enhanced background checks.

Equivalent,.... it's a fucking sorry letter.

Eckyftang · 03/07/2023 20:18

Gytgyt · 03/07/2023 19:49

Nothing is ever "spent" on a CRB I remember hearing this tale in college. A CRB is like your medical documents nothing is ever wiped off. If an organisation requested a enhanced CRB check everything would show up. Seek legal advise I think it sounds harsh to be honest.

Perhaps you can explain why the cautions I received now no longer show up on my DBS check then?

Allchangename354 · 03/07/2023 20:21

Get legal advice.
For those saying the police overstepped they were on the scene and these 17 year olds still threw a punch at each other so police could be wondering what would have happened if they were not there.

Lucyintheskywithadiamond · 03/07/2023 20:29

Eckyftang · 03/07/2023 20:18

Perhaps you can explain why the cautions I received now no longer show up on my DBS check then?

If your caution was issued when you were under 18, this might not show on a DBS check. I think the rules changed a couple of years ago but I am not 100% sure if this is correct.

Irritateandunreasonable · 03/07/2023 20:31

Absolutely fucking not!

no one’s pressing charges there’s absolutely no need to get this done.

Gytgyt · 03/07/2023 20:36

@Eckyftang how many years ago? How old were you though? Laws do change.
In OPs case I wouldn't risk signing something well her Son because it's unclear without legal advise. Hopefully someone will be along who knows this field.

Police asking for an apology from ds
Police asking for an apology from ds
Driventodistraction0 · 03/07/2023 21:38

@WetBandits thanks 👍
The police happened to be close by, they didn’t see what happened and the fight lasted minutes if that. He definitely has been told by me in the past as to the devastating consequences of just one punch. His friend has said he won’t take it further. Friend hit first but ds hit him and he fell. Ds is a couple of years younger but is a lot bigger and stronger. I’ve talked to him about how he has to be extra disciplined generally because of his size. Friend is not been asked to sign a ‘community resolution notice’ I don’t know for sure what he’s said to police and I think because he went down ds is seen as the guilty party. They were both in the wrong, ds arguably more so?

OP posts:
Driventodistraction0 · 03/07/2023 21:39

And no he wasn’t arrested at the scene. He left the scene because his friends group of mates wanted to fight him

OP posts:
KleineDracheKokosnuss · 03/07/2023 21:41

Again, do not sign. Sounds like he can assert self defence if needed. Do not sign.

swanling · 03/07/2023 21:41

Solicitor.

You don't just sign things without any legal advice because the police told you to.

swanling · 03/07/2023 21:42

I don't understand why you'd even consider signing this without legal advice.

Driventodistraction0 · 03/07/2023 21:51

The fact that I’m posting here shows that I wanted to find out about what signing/or not signing it meant. Also, I have no experience of anything like this. I know he’s done wrong and welcome the police to tell him the gravity of the situation but have no clue as to where we stand with regard signing apologies. I also don’t want to exacerbate the situation and possibly create harsher repercussions

OP posts:
swanling · 03/07/2023 22:00

Which is why you get legal advice. You can't be punished for exercising your right to legal representation. Don't let them bully you into signing it - the police are not on your side.

ReformedWaywardTeen · 03/07/2023 22:02

Do you know this makes me so cross. The police are always making excuses for poor investigation and conviction rates on serious crime yet waste time over a bit of silliness between two lads who have dealt with it at home.

Tell them no thank you, it has been sorted out between the two boys and their families, you do not think there is a need for police involvement and then see whether the other family have had the same. Because frankly, if they've not also asked the other lad to sign, that's out of order and they are apportioning blame for very little reason, which I would also question them about their biased behaviour.

I would then suggest a solicitor. As in my recent experience the police can get very nasty when told no.

Agapornis · 03/07/2023 23:18

Don't sign anything, get legal advice. If it goes to interview, get legal representation with relevant experience, no comment throughout, don't leave him alone with any police at any point. Warn him that there may be video, and he needs to still respond no comment to that.

Has the 'friend' retracted his statement? Just because he told you he doesn't want further action, doesn't mean he's told the police that. Get legal advice on retraction because you don't want to give the impression the retraction was coerced.

Odd that they're being treated differently (unless the 'friend' accidentally didn't mention he threw the first punch). Is there a racial element to this by any chance, i.e. the other boy is white and yours is not?

Please get your son to make new friends. This boy is not a friend.

UndercoverCop · 03/07/2023 23:27

If it wasn't witnessed and both parties deny there was a fight little can be done

StillMedusa · 03/07/2023 23:41

My DS1 was arrested at 16/17 (can't remember which) for arson!
He wasn't actually guilty thank god, it was another teen who looked very similar, but he was cautioned etc
He went on to work in Special Ed and has had many enhances DBS checks both in the UK and Australia where he now lives and works, and nothing has ever come up on them, if that reassures you at all!

However.. I agree don't let him sign anything!

Ostagazuzulum · 04/07/2023 00:25

LakeTiticaca · 03/07/2023 14:42

Has his friend also been asked to make an apology?
Have the police nothing better to attend to than 2 lads having a minor fall out?

This isn't the police... this is because of a national Crime Recording Standards set by the Home Office (I think). Basically when it gets reported, if it sounds like a crime then it gets recorded as a crime usually by a call taker or id it's a 999 log if stuff is written on a log oases to police, they have no choice but to record a crime and police can't write it off without a positive disposal unless very specific certain criteria. Police don't have the level of discretion to apply common sense to things. Everything has to be dealt with now. It bogs them down.

Ostagazuzulum · 04/07/2023 00:28

It sounds like a community resolution

This is a good explanation of them

www.west-midlands.police.uk/your-options/community-resolution#

Be worth seeking advice from a legal rep to at very least get clarification. He should be entitled ti free legal advice