EXCLUSIVE:
Major concern over police caution rules

CONCERN has been raised that people receiving cautions in Warwickshire for minor offences could be unaware they remain on record for life - potentially jeopardising job applications and university places.

Offenders are told they can either sign a statement to accept a police caution and close the matter, or face prosecution if they refuse.

But many do not know that since 2009 – at which point a previous system ended whereby cautions would be 'stepped down' from a person's record within a few years – cautions now remain on a person's file for life or until they turn 100 years of age. They do not have to be disclosed when applying for jobs but do show up on CRB checks.

And among those unaware of the changes was Warwickshire Police itself.

An internal investigation by the force revealed it was more than three years after the 2009 changes before staff were formally notified of the new system, meaning people could have been given wrong information regarding the caution they received.

The investigation followed a complaint made by a woman from Rugby, who said she felt "tricked" after signing to accept a caution in 2010 only after being assured by police it would disappear within a few years.

The woman, who did not wish to be named, said she would have fought the caution had she known the true facts.

She told the paper this week: “It is truly appalling and shocking.

“The fact police staff had not been briefed until recently means that many individuals like myself would have received incorrect advice from serving police officers as to the period of the retention of a caution.

“Had I known it was until my 100th birthday I would not have accepted the caution and fought my case. I felt tricked.

"This is a major failing. It is clearly an unprofessional and inadequate, even negligent, level of service.

"It was only my own perseverance and determination that exposed the truth of a shambolic operation.”

The police report, seen by The Observer, was carried out following the complaint.

It concluded: “The lesson to be learned relates to the significant delay in updating staff on changes in legislation..it was over three years before a formal notification to staff that the retention of cautions would now be until the recipient's 100th birthday.”

Warwickshire Police had not commented as we went to press.

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