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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice.
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A bindover - after being accepted if the charge be withdrawn

Customer Question

A bindover - after being accepted if the charge be withdrawn - can this show on an enahnced disclosure. Also can stepped down police cautions
Submitted: 7 years ago.
Category: UK Law
Expert:  Jo C. replied 7 years ago.
Hi

I am sorry but it will show on enhanced CRB. Everything shows on enhanced CRB now even malicious allegations although its likely that this will be challenged at Europe in due course and I cannot really see how it can fail.

You can apply for it, and anything else, to be stepped down but you will have to pass the relevance test. To be wholly honest, they don't tend to be very courageous over stepping down matters.
Customer: replied 7 years ago.
Thanks - my matters have however been stepped down, I have also recieved a letter stating ' the details will no longer be passed to crb' [ is your advice regarding the cautions still the same - also when a charge is withdrawn upon the acceptance of a bindover - would this show on an enhanced check, with respect to relevance - what is the test that is performed, a relevance against what exactly?
Expert:  Jo C. replied 7 years ago.
Yes, everything would show on enhanced CRB unless you get it stepped down.

Literally even allegations show on enhanced CRB although forces are quite good at recording the fact that they think the allegation was without merit.

The relevance test is really simple. The question is asked, is this information irrelevant to the application so that it should be stepped down?
Customer: replied 7 years ago.
So if a caution has been 'stepped down' per the 2006 guidelines, then this will no longer be disclosed on an enhanced check - is this correct? I was under the impression that a record is stepped down and thats that.

Also could somene answer how a bindover after the charge being withdrawn is dealt with with respect to enhanced crbs
Expert:  Jo C. replied 7 years ago.
In relation to enhanced CRBs everything will show except that which has been stepped down.

Everything literally does mean everything. From allegations to convictions, including cautions and bind overs.

But if its stepped down, it doesn't show.
Customer: replied 7 years ago.
Does this include a bindover after a not guilty plea is enterd and the charge withdrawn. If the charge is withdrawn surely this cannot be disclosed. I was also under the impression that bindovers can not be entered onto the PNC on a stand alone - if this is the case then will it be disclosed on an enhanced check. Also bindovers are not included in the 2006 step down guidelines -as they are not convictions - so if it cannot fall into a category to be stepped down does this mean it was never ' stepped in' in the first place and thus irrelevant
Expert:  Jo C. replied 7 years ago.

Yes it can. Even an allegation will show on enhanced. Even malicious allegations show.

But a bind over is an admission of wrongdoing. To accept a bind over you have to admit that there is otherwise a risk that you may misbehave. And so bind overs are an issue.

Bind overs and cautions can be stepped down in some circumstances. Like allegations etc.
Customer: replied 7 years ago.
Ok - do you know the time limit before bindovers can be stepped down? I have also read on this site that a bind over for a public order offence is highly unlikely to show up - would you agree?
Expert:  Jo C. replied 7 years ago.

Not really.

On enhanced CRB it would certainly show.

On standard it would not show after the expiry of the time of the bind over. But we aren't discussing standard.

Depending upon the purpose of the CRB check a public order matter may be quite relevant.
Customer: replied 7 years ago.

What is the time limit before a bindover can be stepped down?

Expert:  Jo C. replied 7 years ago.
I've just been looking this up and I'm afraid there's been some really damaging case law on the topic of stepping down convictions in the last few days. It says that convictions cannot now be stepped down. You'll find the case here

http://www.judiciary.gov.uk/docs/judgments_guidance/chief-cons-v-information-commissioner-191009.pdf

Customer: replied 7 years ago.

Does this mean previously stepped down information can now be stepped back onto the pnc?

 

Also the supreme court recently increased the threshold for disclosing information..

 

http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/6461335/Criminal-record-checks-gone-too-far.html cant find the ruling; have you any views on this

Expert:  Jo C. replied 7 years ago.

I don't think they could do that.

 

I hadn't heard of that ruling either. The latter is quite badly reported considering how important it is.

 

If you have a look here though

 

www.crimeline.info

 

Im sure it would show up with a few days. I'm surprised it hasnt' hit already.

Expert:  Jo C. replied 7 years ago.
Do you need any more help with this?

If not, and I've answered your question please click on accept.
Customer: replied 7 years ago.

Just to clarify - Information stepped down will not show on an enhanced disclosure, all other information if entered onto the pnc will. What about information of bindovers that are not entered onto the pnc - a subject access request will determine this, will this be disclosed.

 

The police are no longer stepping down information - do you for-see anytime soon, a review of the way disclosures are handled with aged data

Expert:  Jo C. replied 7 years ago.
Bindovers are on PNC and they always have been.

All of this is to be reviewed at Europe. My only concern is that the recent caselaw seems to have been a judicial review. I suppose we may yet get conflicting decisions on the point. I do think this will be more heavily considered in time.

If I've answered your question please click on accept. I will continue to help.
Customer: replied 7 years ago.

I dissagree - bindovers are not always recorded on the PNC - the PNC holds records of convictions cautions warnings and reprimands www.criminalbar.com/86/records/33/BIND%20OVERS.doc.

 

Have you any idea how long the cps keep case files for?

Expert:  Jo C. replied 7 years ago.
Thats completely wrong.

I'm opting out of this as I've answered your original question several times. Please post another question to pursue this.

If Ive answered your question please click on ACCEPT.
Customer: replied 7 years ago.
Im just looking for a correct answer; not your opinion, the document from the criminal bar states that bindovers are not enterd - I would simply like clarification
Customer: replied 7 years ago.
www.crb.gov.uk/PDF/MP8-AI_Disclosure%20Rationale.pdf
Expert:  Jo C. replied 7 years ago.
Sorry. I've opted out and won't be answering further. This question is open to others now.

Edited by Jomo1972 on 11/6/2009 at 5:36 AM EST
Customer: replied 7 years ago.
Sorry if ive offended you by disagreing
Customer: replied 7 years ago.
Relist: Incomplete answer.