Is a verbal warning a written one ?

[halden]

Had a visit from an feo today concerning ma renewal
He told me that a written warning I had received in 2010 should have been put on my application
As I hadn’t I had two choices cancel the application or come down to the local police station and be interviewed under caution so he can compile a risk assessment
He assured me that it was just something he now had to do for me to get my licenses renewed
I told him that as I had been told at the time that it was a verbal caution so would not come up if a potential employer requested a crb
I was also told by in my initial interview that I was right but as they do deep checks it had come up and he was required to ask but I was right not to put it on my application
Which one is right here ?

 

[enfieldspares]

If it is a "CAUTION" that you have accepted from a police force it is an admission of guilt for whatever it was you accepted the caution for.

For future advice I'd request a Subject Access Request as here: ACRO Criminal Records Office - Subject access that way if you have inadvertently forgotten something then you've shown that you've at least tried to see what the police have on file. I have two old speeding convictions, both for exceeding 30mph, but couldn't remember the dates. So that's what I did. The thing is available as a letter that is sent to you. Simply then include it with your application. Either as a hard copy or as a scan by email.

But the advice of almost every "brief" still holds good that if you didn't do it then never accept a caution. Accept it and you're accepting guilt for it.

 

[Woodsmoke]

Edited. Didn't read OP correctly so I was talking bullocks

 

[Franchi Matt]

Which force is this?

 

[sikamalc]

I think if you except a caution it's an admission of guilt. But I stand to be corrected.
I would think it would be important to put that on any FAC application or renewal.
A caution would still be recorded by the police and kept on file.

 

[halden]

If it is a "CAUTION" that you have accepted from a police force it is an admission of guilt for whatever it was you accepted the caution for.

For future advice I'd request a Subject Access Request as here: ACRO Criminal Records Office - Subject access that way if you have inadvertently forgotten something then you've shown that you've at least tried to see what the police have on file. I have two old speeding convictions, both for exceeding 30mph, but couldn't remember the dates. So that's what I did. The thing is available as a letter that is sent to you. Simply then include it with your application. Either as a hard copy or as a scan by email.

But the advice of almost every "brief" still holds good that if you didn't do it then never accept a caution. Accept it and you're accepting guilt for it.

Thanks very much I’ve just filled in the form what I’m most annoyed about is it wasn’t an issue five years ago

 

[halden]

I think if you except a caution it's an admission of guilt. But I stand to be corrected.
I would think it would be important to put that on any FAC application or renewal.
A caution would still be recorded by the police and kept on file.

Yes I accept that but it specifically asked for written and I was told it was a verbal caution and had it confirmed in my initial interview

 

[halden]

Which force is this?

Rather not say at the moment but not yours

 

[halden]

So if accepting a caution is an admission of guilt will I be doing that when interviewed under caution?

 

[Norfolk Horn]

I would take professional legal advice before doing anything more

 

[halden]

I would take professional legal advice before doing anything more

Do you know of Anybody I could contact ?

 

[VSS]

Do you know of Anybody I could contact ?

Are you a member of NGO / SGA / BASC etc?

 

[Husky]

I stand to be corrected, as far as I am aware, if you are being interviewed under caution, it means that anything that you say may be written down potentially as evidence for or against you.
If you accept a caution rather than for example going to court you are admitting guilt for whatever you did.

 

[halden]

I stand to be corrected, as far as I am aware, if you are being interviewed under caution, it means that anything that you say may be written down potentially as evidence for or against you.
If you accept a caution rather than for example going to court you are admitting guilt for whatever you did.

Thanks very much

 

[halden]

Are you a member of NGO / SGA / BASC etc?

I’m a member of gwct and they don’t have a legal advice service

 

[patrickt]

Do you know of Anybody I could contact ?

Send me a PM, I will provide you with my contact details, then if you wish yu can telephone me and discuss, and all FOC

Patrick

 

[Frank Homes]

The interview, if one takes place will be, i imagine, about making a false declaration with intent to obtain a firearm certificate (i.e. not declaring the caution). If this goes ahead you will be entitled to free legal representation. I suggest you tell him that you won't withdraw your application then see what he does. Seems to me this is all a bit heavy handed when this was discussed at your original interview (did you declare it then?). They know you were cautioned, you know that they know you were cautioned so your only crime is not to declare it at your renewal. I agree that the wording is misleading. My guess is that they are trying to brow-beat you unnecessarily.

 

[Apthorpe]

This is a warning to other readers that you should never accept a caution from the Police except on the advice of your solicitor (one you're paying, not a duty solicitor).
Also, a clear illustration that you cannot rely on the Police to advise you about the law. It sounds like the OP was misled as to the caution he was given at the time and it can still cause problems many years later.

For the OP, You also want to take what the FEO is telling you with a big pinch of salt. If they want to interview you under caution, then you need to have a solicitor. An interview under caution usually means that someone has an eye on a criminal prosecution (perhaps as post #17), or issuing another caution which might permanently disqualify you from shooting and other things.

Potentially, your card is that you may have been mis-sold a caution, or that a non-caution was recorded as a caution, and that you have grounds for formal complaint if the proper procedures weren't followed. I don't know whether you realised that you accepted guilt for whatever the alleged offence was. Etc.

Either way, the police won't be taking a soft approach with licensing at the moment, given the fatal consequences of another recent, well-known failure of licensing.

Get proper, competent legal advice and don't worry about the cost. It will be worth it in the long run.

 

[patrickt]

The interview, if one takes place will be, i imagine, about making a false declaration with intent to obtain a firearm certificate (i.e. not declaring the caution). If this goes ahead you will be entitled to free legal representation. I suggest you tell him that you won't withdraw your application then see what he does. Seems to me this is all a bit heavy handed when this was discussed at your original interview (did you declare it then?). They know you were cautioned, you know that they know you were cautioned so your only crime is not to declare it at your renewal. I agree that the wording is misleading. My guess is that they are trying to brow-beat you unnecessarily.

he has not said it was a "Caution", he said it was a warning. There is no such Beast!!. in crimnal matters, rather in criminal offences it is a reprimand (Youth), a Caution you refer to applies to Adults, who generally not been in trouble before, or not for the last 5 years, or the gravity of the offence is deemed a cautionable disposal to the offence

Patrick

 

[Frank Homes]

he has not said it was a "Caution", he said it was a warning. There is no such Beast!!. in crimnal matters, rather in criminal offences it is a reprimand (Youth), a Caution you refer to applies to Adults, who generally not been in trouble before, or not for the last 5 years, or the gravity of the offence is deemed a cautionable disposal to the offence

Patrick

Precisely;If it wasn't a caution why is he being invited to a police station? I suggest this is semantics and he doesn't know what he received. I won't surmise any more, you have offered to advise him so let's leave it there.