How long will this repreimand /final warning be on file - does it have to be declared on all jobs?

bessieboo | 12:37 Fri 16th Mar 2007 | Criminal

10 Answers

My friends son is likey to get a reprimand for alleged sexual assault. The kids were both 14 at the time and the 'assault' involved touching the girls breasts. The girl decided to press charges after 2 years. The boy has never been in any kind of trouble.How long will this be on file. If a check is done in the future, does it state the reason for the reprimand as this will sound so much worse that it actually was.

burglars

finding out about a conviction

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Yorkie580

I believe it is 5 years/until the age of 18 - which ever is longer.

If it's a sexual offence he MAY also end up on the Sex Offenders Register (certainly adult cautions for sexual offences work this way).

He's can't be reprimanded unless he admits the offence and signs to accept a reprimand, however since the required evidence for a reprimand is generally the same for a charge he would probably end up in court if he or his parent refuse the reprimand (parent/guardian has to consent to teh reprimand being issued).

My advice would be to speak to a solicitor.

bessieboo

Question Author

Thank you for your answer . He is now 16. I am a litte confused - if it is no longer on his record from age18- why do other posts state that when a police check was carried out , previous reprimands and final warnings showed up long after it was spent?

Thanks

Yorkie580

It depends on the level of the check and the reason for the check. It will stay on record for as long as the records are held, but it depends on the reason for the enquiy as to whether it will be diclosed.

A conviction for shoplifting 10 years ago (for example) would not usually be declarable for an application for working as a car mechanic, but would be very relevant to someone applying to be a police officer. It depends on the type of job being applied for - obviously working with children/vulnerable people requires a higher level of vetting than some other occupations.

I googled POVA:

http://www.criminalrecordchecks.co.uk/pova-lis t.htm

bessieboo

Question Author

Thank you for taking the time to reply

lady_p_gold

I do not know the circumstances of course, but if every 14 year old that touched another 14 year olds breasts got a reprimand I think they would run into millions, at what point would you call it normal boy/girl play ... dunno what other people think.

bessieboo

Question Author

This is why my friends family are devastated. The girl involved said that after a while, he touched her and it was without consent and then he stopped. He apparently apologised on MSN later if he upset her and that was enough evidence int erms of the law for an offence of sexual assault.. She had menioned it to a teacher who discsssed it with the boy and told all concerned to learn a lesson from it and to move on. she obviously did not feel it warranted anything further. 18months later the girl went to the police and the nightmare began. Hewas arrested,fingerprinted and DNA's I know this boy and while the sexual fumbling may have gone further than the girl wanted - it was a cinfused very immature boy who did it. This was also his first sexual experience . This will now be on hios record for life as a sexual assault preventign hi from working in a huge arena.

bundleone

if she was that upset she should have complained at the time,she has probably been put up to it

bessieboo

Question Author

Apparently she told a teacher who spoke to the boy as well and felt that it was suffciently suspect that she told them both to move on . The parents or police were also never
informed or the police.

bessieboo

Question Author

My friend is convinced her son has done nothing wrong and it was a 14 year old fumble - he was arrested and interviewd and she is worried that his descriptions of events may be manipulated andmisinterpreted.

She wants advice that if he receives a reprimand or a warning - what or how, can she appeal, and what does this involve

bessieboo

Question Author

Thank you to all who posted in reply to this query .
Just to let you know that the police and the CPS thought the whole episode was badly handled , and should never have reached the stage it did. They decided not to proceed.
Tge nightmare for my friend and her son is ending but the taste of injustice remains

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