Nick Harvey warns:
‘I am concerned by a number of people who have been experiencing difficulties with CRB checks and visa applications because of old cautions.
‘Young adults need to be made aware that actions leading to a police caution can have ramifications in later life - people seem to be failing to appreciate this. In some instances having a caution can be considered the same as being charged especially when it comes to foreign travel.’
Inspector Steven Clarke of Barnstaple Custody Unit adds:
‘A caution is not given lightly, the custody officer must consider whether the seriousness of the offence makes it appropriate for disposal by a Simple Caution, so any aggravating or mitigating factors need to be considered.’
Tony McNulty, Minister of State for Policing, Security & Community Safety, responding to Nick’s concerns comments:
‘Under the Criminal Justice and Police Act 2001 and the Criminal Justice Act 2003 the police are entitled to retain details of an arrest recorded on the Police National Computer, including fingerprint and DNA samples if taken, even if the case has not been proceeded with or discontinued for any reason.
‘The existence of non-conviction information about a person recorded on the Police National Computer or in the local police records does not imply that they have done anything wrong or are held under suspicion by the police.’
‘However,’ adds Nick Harvey ‘such information will only be deleted under the Exceptional Cases Procedure and then it is at the discretion of the local Chief Constable not the Home Office or the CRB.’