Comments on: De-mystifying the CRB check

By: David Wacks

David Wacks — Thu, 09 Feb 2012 11:09:49 +0000

Hi Anya,

The original charge should not appear on a Standard CRB but the police do have a discretion to put it on your Enhanced Disclosure. If asked about criminal convictions, you can genuinely say no. But, if they ask a more general question you may need legal advice as to how to answer it.

I am a Solicitor dealing with this type of work and if you wish to call me that first call is completely free of charge.

David Wacks
0161 862 9103

By: Natalie Gardner

Natalie Gardner — Wed, 08 Feb 2012 15:27:17 +0000

Um.
Could you help me out please?
I’m 13 and I am about to be charged with theft. (I stole money not goods)
What would the likely punishment/sentence be?
And would it show up on a background check when I apply to go to college and apply for a job?

Please this would mean so much to me. I’m worring so much over my mistake.

By: Anya

Anya — Tue, 07 Feb 2012 23:11:14 +0000

Hi, I am just about to start a new job with children and have to first complete a declaration form for my employers and then obtain an enhanced disclosure.
My big worry is that about 16 years ago I was charged with breach of the peace and criminal damage, when the case came to court, my lawyer entered a plea bargain which got the charges dropped in return for me paying for the damage.
Do I need to declare this to my employers? Will this show up on my enhanced disclosure? If I should declare this, how do I word it? Any advice would be much appreciated

By: David Wacks

David Wacks — Mon, 06 Feb 2012 14:24:56 +0000

Hi Annie Louise,

I agree with NACRO that if you apply for a job requiring Enhanced Disclosure that the police can refer to this. As regards disclosure before a CRB is put in hand, you need to check the EXACT information requested in the questionnaire and then consider whether under the Rehabilitation of Offenders Act, you need to disclose this.

Unfortunately where the police have such a wide discretion it is impossible to advise how they will react, about disclosing this under Enhanced Disclosure but should an adverse entry arise, I can consider your options at that time,

Regards

David Wacks

By: AnnieLouise

AnnieLouise — Thu, 02 Feb 2012 13:54:52 +0000

Hi,

David Wacks can you help me!?

I was given a PND (Penalty Notice for Disorder) at the age of 17 for accessory in shoptheft.

I paid the 80pounds. Which meant I would not be asked to go to court and therefore would not recieve a criminal conviction or record.

NACRO and the police service state- A PND is NOT a criminal conviciton, reprimand, warning or caution but IS recordable on the PNC (police national computer)

In relation to CRB checks, NACRO have assured me that a PND OR FPN will NOT come up on a standard CRB check but MAY come up on an eCRB if the Chief Police Officer deems it relevant to the post applied for.

I’d like to know, is a PND classed as a fine? Would others in my situation disclose a PND anyway before a eCRB as it MAY be disclosed by the Chief Policed Officer?

Very sticky situation, eh?

Thank You

By: David Wacks

David Wacks — Thu, 02 Feb 2012 08:59:44 +0000

I am a Solicitor who over the last few years has dealt with a large number of enquiries relating to Enhanced CRB Disclosure. It is within the discretion of the police as to whether to disclose an arrest even if you were never charged let alone convicted. The police should apply a number of Supreme Court guidelines before issuing Enhanced Disclosure so as to give a balance between protecting the public and ruining an individuals future prospects, but, in many cases they do not do so.

If any reader however wishes to contact me directly on 0161 862 9103 I provide a free initial advice session when I can advise on the prospects and, if they are reasonable, the way forward.

David Wacks

By: nabs

nabs — Tue, 31 Jan 2012 13:22:57 +0000

hi i was arrested when i was between 13/15 i cant remember exactly it was for shoplifting i have been working with children and young people since i was 18 i,m now 32 i wanted to know what comes up because prior to 2008 i must of had loads but nothing come up i think but since 2008 the new law says everthing will come uo on my crb is that true

By: darren

darren — Mon, 30 Jan 2012 23:26:33 +0000

I have a conviction for battery and harassment…I plead guilty and wasn’t found guilty as due to previous circumstances I lost faith in the justice system and based on my solicitors advise wouldn’t go to prison…I received 18 months suspended sentence.I am looking to complete a degree with the hope of becoming a teacher. It would be greatly appreciated if anyone could tell me if there is any point in pursuing this career path? Many thanks in anticipation

By: WAQAR

WAQAR — Sun, 29 Jan 2012 21:41:12 +0000

HIIIII EVERYBODY .. YES I M SO WORRIED ABOUT MY CRB .. IN 5 MONTH AGO I SOLD ALCHOL UNDER 18 YEAR OLD ADN I GOT 80 POUND PLENTY .. IS ITS COMES IN MY CRB WHEN ITS CHECK BECAUSE AFTER FEW MONTH I AM APLLYING FOR A EXTENSION ON MY VISA … SO PLZ HELP ME AND TELL ME AND PLZ REPLY ME ON MY EMAIL ADRESS THANK U .. > W.AHMAD.RAJA@GMAIL.COM

By: jay

jay — Sun, 29 Jan 2012 21:00:59 +0000

you are pretty much screwed unless you get the system changed i have the same problem but mine was an acusation which went to court and i was cleared but it still comes up on a enhanced crb check. You could write to the cheif of police of your local force and see if he will stop disclosing it or talk to your MP and see if they will change your system