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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64367
Experience:  Over 5 years in practice.
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Hello! Im 40 and I was and am a decent citizen and served

Customer Question

Hello! I'm 40 and I was and am a decent citizen and served 8 years as a Special Constable in London, also i have done large amounts of volunteering for the community. Anyway, my silly day was this. I bought an air rifle to complement my shotguns and shooting hobby at that time. I zero'd in' the scope on the air rifle on a tree with 6 pellets fired. Trouble is it was the next door neighbours tree...she came out and called the police, they turned up and as I was a licenced shotgun owner they went to town. I had my guns taken away and received a police caution. I was a tit on that day...but I am now very worried that I can't volunteer as an outreach worker for a homeless charity as I fired a pellet gun at a tree and got a caution for it. Like most people 'normal decent' people who receive a caution I'm angry with myself and worried also. I'm very saddened by this whole episode and the dramatic effect I feel this will now have on me forever more. Have you please got any advice? Ie: as it was 'air weapon across boundry' and not a vulnerable adult caution...will this be recognised? Or detailed in the standard CRB check? Does this ever drop off my police record? Is this really going to be such a nightmare potentially? I did admit responsibility and did accept the caution, this would have been NFA'd were it not for the shotgun ownership I was told on the day of he caution. Anyway...all info greatly appreciated. Many many thanks! Mark
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles.

Are you asking if you can get this removed?
Customer: replied 1 year ago.
It is a criminal offence 'firing across boundry' it was my first and only offence...I wondered due to the nature of it what exactly I can do if anything with it? And how long it's on record for? What will be its impact on future volunteering roles and jobs? And is this really going to haunt me for ever more now? It's impact Is vastly disproportionate to the crime...which, in essence isn't that awful but nonetheless IS a crime.. That's reminds me... You won't like this, I shot a small songbird with one of the pellets which is a wild life crime. So 2 x offences. Emotive I know. Sorry i omited that .. i forgot! sorry, Many thanks. M
Expert:  Jo C. replied 1 year ago.
I do understand its emotive. Unfortunately people like this report trivialities because they have nothing else to do.

If this is a caution then it will be spent immediately. That will mean it will not show on basic crb checking. It will, however, Unfortunately show on standard and enhanced checking.

If you volunteer in sensitive roles you are likely to need a crb check. At the moment thats on the increase to protect the organisations from subsequent claims.

That doesn't mean they won't take you but just that you have to justify it.

You can ask the chief constable to remove it using his exceptional procedure. You might as well try. It is free to do. The chances are not fantastic but they are increasing. You will find the procedure here

http://www.unlock.org.uk/xoffenders.aspx?sid=188

At point 6.

Hope this helps. Please let me know if you need more information

Jo C., Barrister
Category: UK Law
Satisfied Customers: 64367
Experience: Over 5 years in practice.
Jo C. and 4 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.
For JOMO1972 Ok, thanks. And how long is this bloody caution going to hang around my neck like a milestone now? Is it 5 yrs? Or indefinitely ? no one seems to know. I've also heard its a force by force policy? Wondering?
Expert:  Jo C. replied 1 year ago.
Sorry for the delay overnight

It is spent now so will not show on basic checking

But it will always be visible on standard or enhanced unless you get them to remove it using exceptional procedure

Also, you should be encouraged by the fact that almost half of the country have some form of blemish on the crb now. We abandoned good sense when the police lost discretion over whether or not to act on a report.

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