How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 37616
Experience:  Specialist in UK Law with expertise in UK Employment Law
Type Your UK Law Question Here...
Ben Jones is online now
A new question is answered every 9 seconds

I received a caution for battery nearly five years ago. I had

Resolved Question:

I received a caution for battery nearly five years ago. I had an argument with my then wife that ended up with us tussling in the kitchen. No physical damage was done, and I hadn't had a fight since I was fiftenn at school! Though it's unimportant now, she overstated what had happened, and it was a violent relationship, with me on the receiving end. I am applying for a job that asks if I have any convictions or cautions, as some jobs MAY need to be vetted (it's with a uni, wokring to place students with businesses). I feel I should tick yes to the question, but would like some advice...
Submitted: 7 months ago.
Category: UK Law
Expert:  Ben Jones replied 7 months ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know the exact date of the caution

Customer:

It was 04 April 2008

Customer:

Hello Ben, btw

Ben Jones :

What is the exact wording of the question on the application?

Customer:

Appointments to certain posts, as stated in the advertisement and job description, may be subject to a criminal records check. By submitting your application form to us, you are confirming you accept that where necessary the organisation will seek information from the Disclosure and Barring Service and associated special lists.

Do you have any convictions, cautions, reprimands or final warnings that are not ''protected'' as defined by the Rehabilitation Act 1974 (Exceptions) Order 1975 (as amended in 2013) by SI 2013 1198?

Customer:

Then it gives a yes/no option and a box to specify details...

Ben Jones :

The wording asks if you have any cautions that are not 'protected'. A caution is a "protected caution" if:



  • It does not relate to a listed offence, such as violent and sexual offences

  • It was given to a person aged under 18 at the time of the caution and two years or more have elapsed.

  • It was given to a person aged 18 or over at the time of the caution and six years or more have elapsed.


 


Assuming you were over 18 at the time of the offence, then 6 years have not elapsed yet and as such the caution is not yet protected. You must therefore disclose it.

Customer:

I thought that might be the case. thankyou for clarifying that. So, after 6 years, so next April, it will cease to be necessary to disclose it? Or, does it count as a violent offence and the 6 years is irrelevent?

Ben Jones :

Hi, just to clarify what was the exact offence - what section/act were you charged under?

Customer:

um, criminal justice act 1988 s.39

Ben Jones :

well the good news is that this is not one of the excepted offences which means once the 6 years have passed it becomes a protected caution

Customer:

Ah! Well that's something. I know the ideal these days is to look at someone's CRB then make a sane judgement, but one can't help feeling that if it's down to me and another applicant, they will get the advantage. One last question! Would this appear on a standard CRB at the moment, or just enhanced? And, what about after 6 years? That's two questions...

Ben Jones :

it will appear on both, after the 6 years have passed it should no longer appear

Customer:

Great! Thanks for your help Ben.

Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 37616
Experience: Specialist in UK Law with expertise in UK Employment Law
Ben Jones and 2 other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8154
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8154
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    4351
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3849
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2581
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    321
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24307
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6444
    LL.B (Hons), Higher Prof. Dip. Law & Practice