You say warning, I say caution
Question
I recently received a police warning for harassment. I understand that this is different to a caution although the police did say that I now have a local police record. Can you explain the difference between the two and what a 'local' police record is please?
Answer
In many ways there is little difference between a warning and a formal caution. A formal caution may be recorded on the Police National Computer (PNC) and a local warning is only recorded locally. These warnings, like formal cautions and reprimands are not criminal convictions and therefore are not covered, in England and Wales, by the Rehabilitation of Offenders Act 1974. This means that you don't have declare a caution to a future employer but if you are asked questions like "Have you ever been in trouble with the police?" or "Have you a criminal record?", then you should give details of these cautions or warnings.
Since December 1995, records of cautions for 'recordable offences' (offences for which you could be imprisoned) are held on the PNC. Guidance states that they should be deleted after five years, though this doesn't happen automatically. Some police forces retain records for longer than five years, and some indefinitely. If the caution was for a sexual offence then it would also appear on the National Sex Offenders' Register. As you have been informally cautioned you may want to contact your local police station to find out when this will be removed.
If you apply for certain jobs such as teaching, care assistants and other positions where you may work with children or vulnerable adults, your prospective employer will check with the Criminal Records Bureau. There are two types of checks available: a Standard Disclosure and an Enhanced Disclosure. In the case of a Standard Disclosure this will include spent convictions, unspent convictions, cautions and warnings and, in the case of an Enhanced Disclosure, other relevant information held locally by the police may also be provided.
Updated: 12/06/2007
Question answered by CAB
