Conviction
A criminal conviction in the UK can have a lasting impact that reaches far beyond any court-imposed penalties. The consequences often touch on essential areas of life, such as employment, travel, and how society perceives individuals. Recent legal reforms have aimed to reduce some of these challenges, particularly when it comes to helping individuals with convictions find employment. It is important to understand how you may be able to avoid a conviction and then if you do have one how you can minimise the damage of it going forward.
Cautions
Cautions are formal warnings given by the police for minor offences, and accepting a caution means admitting guilt but avoiding prosecution. Cautions become "spent" immediately for simple cautions and after three months for conditional cautions.
DBS Checks
Most jobs require a Disclosure and Barring Service (DBS) Check. For roles involving vulnerable individuals or high-trust positions, a higher level of check is required. The Rehabilitation of Offenders Act 1974 governs what needs to be disclosed by individuals with convictions. Unless an enhanced check is requested, cautions will not generally be disclosed. This Act has recently been amended by the Police, Crime, Sentencing, and Courts Act 2022 to shorten the rehabilitation period and reduce the declaration that needs to be made. A conviction or caution becomes "spent" after a specific period, meaning they no longer need to be disclosed to employers, except for certain exempt roles or for certain serious offences.
Travel
A criminal conviction can also limit international travel opportunities. Countries like the United States, Canada, and Australia have strict entry requirements for those with criminal records. A declaration, special entry waivers, or more complex processes might be required.
Under Investigation or Involved in Proceedings
If you are under investigation or involved in legal proceedings, it is crucial to seek advice from your legal representatives before making any declarations, especially if you are a regulated professional as you may need to notify your regulators of ongoing investigations. Additionally, your lawyer should be able to advise you on whether any bail conditions or other restrictions may need to be disclosed in your situation as well.
Get in contact if you or someone you know needs advice on this.
Stephanie is a seasoned criminal practitioner, having spent over 17 years representing clients from all backgrounds from celebrities, athletes, high net worth individuals, professionals to students…
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