Hi I recently received an Adult Restorative Disposal (ARDs) in the Thames Valley Police Area. It was for an offence I denied but it was positioned as the best way of dealing with it, which I accepted. The offence was shop lifting, I denied it as I unknowingly mis-scanned 2 items at the self service tills. I accepted I should have been more careful and that I left the shop without paying for the items, but it was not deliberate. It was a bit of a blur and now I'm concerned that I have a mark against me. This has been confounded by the information I have read on the net about warnings, cautions, reprimands and CRB checks.
I was told it was not a criminal record or a conviction. That it would not be held on a national database. But it would be stored locally and 'may' be disclosed on an enhanced CRB check. I asked how long it would be held for and the officer wasn't sure, first saying forever but then they tend to keep records for one year longer than standard which would be 9 in total. The alternative to the ARD was a fix penalty notice, I had heard of that and when I asked about it the PC said you don't want to got there, it is worse than the ARD, a level up. So I took the ARD I wasn't given anything to take away and nor was I taken to the police station. I did sign a mini writeup in his notepad. I should have read it better, but by that time I wasn't thinking clearly, feeling terrible I was in a rush and not more careful and was wondering what it all meant! Since then I have been reading up on the matter of ARDs. I'm concerned it would come up on an enhanced CRB as a view that I am dis-honest which is a serious thing for any job!
I wasn't too concerned about an enhanced CRB check as I can't see myself working with children/vulnerable adults, but have read since that 89% of all CRB checks are enhanced. So am worried
Can you confirm the following please.
1) an ARD is not a caution and not recorded as such
2) an ARD does not appear on the PNC as it is not a caution and reprimands/warnings are only for under 18s? so it can't be classified as a warning/reprimand?.
3) Held locally as a crime report???? and now that local police records have been joined up into a national database will be on the police national database (PND). so it is on a national database....?
4) It may turn up on the enhanced CRB check, but that is at the discretion of the chief officer/disclosures team? if it did how would it? I'm worried about this, as it suggests it may or may not and I wouldn't know....
5) if I did a Subject access request to find out about my records, (which I will), will it tell me definitively if it would appear on an E CRB?
6) I was told I didn't have a criminal record, but if it is held permanently??? surely that means in effect I do!
7) Is it ever stepped down?
The confusion is that ARDs don't seem to be consistently dealt with across the police forces. According to
Exercising Discretion: The Gateway to Justice – June 2011 link (a PDF) on the website....
http://www.hmic.gov.uk/inspections/joint-inspections/criminal-justice-joint-inspections/ Page 13 shows that ARDs aren't on the PNC, are not disclosed on a strd or enhanced CRB, disclosed abroad etc. The funny thing is at the end of the document it lists all the areas that hjave contributed and thames valley police and TVP CPS all contributed. Very confused!
I would like to know what it all means in terms of disclosure and am worried that it comes down to the views of someone in a disclosure office????
I appreciate your help Thanks