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Fingerprint and DNA material retention time limits under PACE 1984—checklist

Fingerprint and DNA material retention time limits under PACE 1984—checklist This Checklist should be read in conjunction with Practice Note: Destruction of fingerprints and DNA samples which explains the regime for the retention and destruction of fingerprints, DNA and other biometric material in England and Wales under the Police and Criminal Evidence Act 1984 (PACE 1984), also known as section 63D material. The below tables set out the retention period for section 63D material depending on the type of offence, the age of the individual and whether they have been arrested, cautioned or convicted. Convicted offender Offender Offence Retention period of fingerprints or DNA Adult conviction for a qualifying offence indefinite Adult conviction for a recordable minor offence indefinite Under 18 conviction for a qualifying offence indefinite Under 18 first conviction for a recordable minor offence five years (plus the length of any custodial sentence) or indefinite if the custodial sentence is five years or more Under 18 second conviction for a recordable minor offence indefinite Suspect...

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Alternatives to prosecution for adults

The Code for Crown Prosecutors states that when making a decision to prosecute, consideration should be given to alternatives to prosecution.The two main alternatives to a prosecution for adult offenders are:•cautions, and•fixed penalty noticesCautioning of adultsThere are two types of cautions: the simple caution and the conditional caution. Both are administered by the police. Some other regulators also have the power to administer simple cautions, including local authorities, the Health and Safety Executive and the Environment Agency.Simple cautionsSimple cautions are intended for low-level, first-time offending. The use of a simple caution is governed by section 17 of the Criminal Justice and Courts Act 2015 (CJCA 2015), which formalises and replaces the existing non-statutory guidance on administering simple cautions contained within the Ministry of Justice Guidance: Simple cautions for adult offenders, and the Director of Public Prosecution's Guidance on Charging: Guidance to Police Officers and Crown Prosecutors issued by the Director of Public Prosecutions under section 37A of the Police and Criminal Evidence Act 1984 (the DPP Guidance on Charging).CJCA 2015,...

The relevance and use of previous convictions in criminal proceedings

The relevance and use of previous convictions in criminal proceedings This Practice Note considers spent convictions and rehabilitation periods under the Rehabilitation of Offenders Act 1974 (ROA 1974) as amended by the Police, Crime, Sentencing and Courts Act 2022. It also considers the impact of previous convictions on criminal investigations, as evidence in criminal proceedings and in sentencing. What is a spent conviction? If a conviction or caution has become spent, for most purposes, the offender is treated in law as having never committed an offence. This means, for example, people with spent convictions or cautions have the right under ROA 1974 not to volunteer them when applying for most jobs. This will not prevent them from appearing on a criminal records check by the Disclosure and Barring Service (DBS check, sometimes known as a CRB check), which some jobs will require. Certain convictions become spent after a specified period of time. The period of time will vary depending on the disposal or sentence imposed. Convictions for some types of...

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General permission to stay—questionnaire

General permission to stay—questionnaire A. All applications: information available from all applicants' passports and (if relevant) Biometric Residence Permits Questions Notes Responses Full name as stated in your passport For each dependant please confirm their relationship to you Date of birth (DD/MM/YYYY) Gender Place of birth (city/town/province/state) Country of birth CURRENT UK IMMIGRATION STATUS Current UK visa route and its expiry date If you obtained entry clearance (a visa) from overseas prior to your first entry to the UK, please confirm:—which country you applied from—which British post granted the application—the reference number printed on the entry clearance, and—the start date of the entry clearance CURRENT PASSPORT If you hold a second passport or passport(s) in other nationalities, please provide details in this section for each passportDetails of all current passports must be submitted with the application Current passport number Current passport nationality Current passport issue date...

General entry clearance—questionnaire

General entry clearance—questionnaire A. All routes: information available from all applicants' passports Questions Notes Responses First name(s) as stated in your passport Last/family name(s) as stated in your passport If you are not the main applicant, what is your relationship to the main applicant? Date of birth (DD/MM/YYYY) as stated on your passport Gender Place of birth (city/town/province/state) Country of birth Nationality as stated on your passport If you hold more than one nationality, please confirm the nationality of the passport you wish to use to travel to the UK Current passport number Current passport issue date Current passport expiry date Current passport place of issue This will normally appear on the biodata/photo page Current passport issuing authority This will normally appear on the biodata/photo page Your permanent country of residence B. All routes: questions for main applicant and each dependant...

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Is it automatically unfair to dismiss an employee for failing to disclose a caution that was ‘filtered out’ from his pre-employment enhanced criminal record certificate (ECRC)?

Is it automatically unfair to dismiss an employee for failing to disclose a caution that was ‘filtered out’ from his pre-employment enhanced criminal record certificate (ECRC)? Questioning candidates for employment about their criminal record—general protections Employers are not generally entitled to full disclosure of previous convictions and cautions during the recruitment process. The Rehabilitation of Offenders Act 1974 (ROA 1974) enables convictions and cautions to become spent, and a convicted person to become 'rehabilitated', at the end of a rehabilitation period. These general protections are subject to certain exceptions: • some sentences are excluded from rehabilitation under ROA 1974 (cautions are not excluded), and • there are exceptions for certain offices, employments and occupations The same rehabilitation protections (and exceptions) apply in respect of Disclosure and Barring Service (DBS) checks and questions asked by the prospective employer. Spent cautions For the purposes of the ROA 1974, a ‘caution’ is: • a conditional caution given to an adult or to a child or young person • any other caution given...

When does a youth caution become spent?

When does a youth caution become spent? If a conviction or caution has become spent, for most purposes the offender is treated as having never committed an offence unless it falls within the statutory exceptions. Under the Rehabilitation of Offenders Act 1974 (ROA 1974) convictions may become spent after a specified period of time. Pursuant to ROA 1974, s 8A, the protection afforded to spent cautions, including those given to children and young persons, is governed by ROA 1974, Sch 2, para 1. ROA 1974, Sch 2, para 1 states that: ‘A caution shall be regarded as a spent caution— (a) in the case of a conditional caution (as defined in section 8A(2)(a)), at the end of the relevant period for the caution [— (i) at the end of the period of three months from the date on which the caution is given, or (ii) if

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Changes taking effect on 6 April 2014: a round-up (News, 31 March 2014)

As well as the regular changes to rates and limits (including for the first time changes to the compensation limits in employment tribunals which previously occurred usually in February), the following changes will come into effect on 6 April 2014: (1) early conciliation, (2) financial penalties on employers, (3) changes to the list of prescribed persons for whistleblowing purposes, (4) reforms to SSP records and recovery, (5) changes to share incentive plans, (6) correction of the TUPE pension anomaly, (7) removal of discrimination questionnaires, (8) doubling of the fine for employing illegal workers and (9) changes to Tiers 1, 2 and 5 of the points-based system. This report provides a convenient summary reminder of those changes, with references back to our earlier news analysis reports where they were first communicated. It also summarises the changes that have taken place during March 2014.

Spent convictions: major changes to rehabilitation periods come into force (News, 5 March 2014)

Major changes to the rehabilitation periods set out in the Rehabilitation of Offenders Act 1974 come into effect from 10 March 2014 under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 9, Saving Provision and Specification of Commencement Date) Order 2014. They include (1) an increase from 30 months to 48 months in the length of an imprisonment sentence which is never ‘spent’, (2) a new rehabilitation period of 7 years from completion of a imprisonment sentence of between 30 and 48 months, and (3) new rehabilitation periods for sentences of less than 6 months’ imprisonment.

View the latest UK Parliament Acts documents on Conditional caution

22 Conditional cautions

22  Conditional cautions(1)     An authorised person may give a conditional caution to a person aged 18 or over (“the offender”) if each of the five requirements in section 23 is satisfied.(2)     In this Part “conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.[(3)     The conditions which may be attached to [any conditional caution] are those which have one or more of the following objects—(a)     facilitating the rehabilitation of the offender;(b)     ensuring that the offender mak