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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7600
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, 3 years ago I was given a caution for obtaining good and

Customer Question

Hi, 3 years ago I was given a caution for obtaining good and services without paying (could not pay a taxi as I had lost my wallet), I was bailed to return to the police station a week later where I paid the the taxi fair ( have a receipt), My wallet was later found at a bar and returned to me, a lost property report was filled out (proving that I had lost my wallet and not made it up), would this caution still count?
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Is there a particular reason why you are concerned with the caution itself?
Kind regards.
Tom
Customer: replied 6 years ago.

Hi,

 

If I were to change jobs and the new company were to do a backround check would this show up? I could be very embarassing explaining the situation.

 

 

 

Expert:  Thomas replied 6 years ago.
Hi,

Thanks for your reply.

If your employer runs a CRB check then it is likely that the caution will show up, yes.

There is generally not a duty to volunteer such information, but if you are asked directly about such matters either in the interview documentation or directly in the interview then you should certainly disclose, because it will otherwise be viewed as deception (ie. misconduct) which is potentially more serious to the employer.

I’m afraid that you cannot revisit the caution, in any event the fact that your story was genuine will not get much traction in any event. It would have been your duty to check that you had your wallet to pay for the taxi before ordering it to take you to your destination.

It is better to disclose and mitigate here. Your employer will be more appreciative of your take on the episode than the police.


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Kind regards,


Tom
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Customer: replied 6 years ago.

Hi,

 

But surely they (police)should have had to prove that I always intended not to pay for the service to charge me with obtaining good and services without paying and the fact that I lost my Wallet is not an intention not to pay? also I did return and pay the fair at a later stage.

 

Seems very harsh.

 

Rgds

Expert:  Thomas replied 6 years ago.
Hi,

They would have had to have proved it had you not accepted the caution. As you accepted the caution you effectively accepted that you had obtained a service without charge and therefore there was no requirement of proof because of your admission.

It would be a particularly harsh employer to not give you a wife berth on this, you're not the first person to have done this and I shouldn't think it will be taken as a comment on your integrity as a potential employee.

Thanks for your kind accept.

Kind regards,

Tom