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Alex Hughes
Alex Hughes, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2414
Experience:  Partner in national law firm with 25 years legal experience
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Hi, I have two questions regarding Formal Adult Warnings

Resolved Question:

Hi,

I have two questions regarding Formal Adult Warnings (FAWs) in scotland;

1) It says that they are only retained on the Scottish criminal history system (CHS) for two years, after which they become expunged. Does this mean that after two years the FAW is deleted from the CHS?

2) Thus after two years, will an FAW not show on enhanced disclosures or police certificates?

Thanks
Submitted: 1 year ago.
Category: UK Law
Expert:  Alex Hughes replied 1 year ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

Do you have any other cautions or convictions?
Customer: replied 1 year ago.


i have no other cautions, convictions or arrests of any kind.

Expert:  Alex Hughes replied 1 year ago.
Thanks Ray.

1. Yes. After 2 years the caution is expunged and will never appear on any criminal record check.

2. Correct.

Hope this helps.

Alex
Customer: replied 1 year ago.

You refer to it as a caution but it is actually a FAW. In scotland there is no official 'Caution' as in England and Wales.


 


What are the differences between a FAW in scotland and a 'Caution' in England?


 


Apologies for this follow-on.

Expert:  Alex Hughes replied 1 year ago.
Yes, quite right.

In Scotland there is no formal caution process , but there is a formal adult warning (FAW) procedure which is similar to the cautioning process that is used in England and Wales.

The most important difference is that in England and Wales the caution is recorded for life, whereas the Scottish FAW is expunged after two years.

Also in England and Wales the caution is 'spent' immediately and cannot be held against a person but will still appear on enhanced criminal record checks.

In Scotland, after 2 years, the FAW will not appear on any checks and will be completely clear.

Alex
Alex Hughes, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2414
Experience: Partner in national law firm with 25 years legal experience
Alex Hughes and 4 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Alex,


 


Many thanks for your answers. Final query (i promise).


 


I am finding it hard to believe that all record of an FAW will be expunged (or deleted).


 


If i were to requset a subject access form or ACPO police certificate after 2years (i.e. after the expungement), would it come back with no data? as if no arrest ever occured?


 


Cheers,


 


 

Expert:  Alex Hughes replied 1 year ago.
No problem. I will see if I can get the law for you - but this may not be until tomorrow when I get to my office.
Customer: replied 1 year ago.

Thank you, i would really appreciate that.

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