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Alice H
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I was given a simple caution contrary to section39 of the criminal

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I was given a simple caution contrary to section39 of the criminal justice act 1988
Can I work as a caretaker,maintenance or cleaner in schools or similar places?
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When did this happen?

Who was the alleged victim?
Customer: replied 4 years ago.

It took place in Feb.2013 and I was charged in April 2013.It was an adult with learning disabilities


Under the Rehabilitation of Offenders Act 1974 (as amended), cautions become “spent” immediately. Once a caution becomes spent it does not usually need to be declared to employers or voluntary organisations.

However, if a person applies for a so-called “excepted position”, then the prospective employer is entitled to ask for details of both spent and unspent convictions, cautions, reprimands and warnings by way of a criminal records check conducted by the Disclosure and Barring Service (DBS).

Excepted positions cover work with children or vulnerable adults or roles in certain licensed occupations or positions of trust (e.g. police officers, solicitors.

In your case, although the caution is spent, it will appear on an enhanced check and can be taken into account when deciding whether to give you a job.

If the assault was on a vulnerable person then the chances of getting a job working with other vulnerable people is probably extremely slim.

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