victroria c
- Member since:
- November 05, 2009
- Total points:
- 98 (Level 1)
Bind over to keep the peace is it a criminal offence?
Hi, about 20 years ago I was I got into fight and was arrested for being drunken and disorderly, I appeared at a magistrates court and I was bound over to keep the peace for one year I am applying for a job working in a school and obviously I will have an enhanced CRB check done.
On the application form for the job it asks the following two questions
Have you ever been convicted of a criminal offence?
Have you ever been cautioned for a criminal charge?
How should I answer these questions?
Do I need to disclose being arrested for being drunken and disorderly and
how should I answer these questions?
by andy w
- Member since:
- September 07, 2006
- Total points:
- 38189 (Level 7)
- Badge Image:
-
- Contributing In:
- Religion & Spirituality
- Law & Ethics
- Law Enforcement & Police
Best Answer - Chosen by Voters
If you were bound over then you were charged and convicted of a criminal offence and have a record.
An enhanced CRB will show this up.
Tell the truth and explain the circumstances.
-
It is in your criminal history so your answer is already known.
They want to see if you can tell the truth.
-
by Tony
- Member since:
- April 26, 2009
- Total points:
- 3161 (Level 4)
A bind-over is not a criminal conviction - there is no determination by a Court as to guilt or innocence. Nor is it an admission of guilt. It is a common misconception that being bound over amounts to a conviction. It doesn't.
Having said that, the fact that you were arrested will probably come up on an enhanced CRB anyway.
You were not convicted and you were not cautioned.
Beware of confident answers to the contrary.
Source(s):
Criminal Barrister