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DBS check to get PCO license, received common assualt caution

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  • DBS check to get PCO license, received common assualt caution

    Hi All,

    This is my first post and I would really appreciate if anyone can help me in my situation. I got arrested last year September for pushing someone who was swearing at my wife, I was nervous and just wanted to get out of the police station and I agreed to the caution as I was told it is only a slap on the wrist. This was my first encounter with the police and didn't know anything about what the effects of accepting this. Now I am planning to get a PCO license to become a mini cab driver, the issue which I have now is that my caution may have an effect on getting my license and TFL may reject after all that time and money (£500) which I would of spent to get this license. I spoke to TFL and received two mixed answers, one saying I won't be able to apply and the other saying it is okay as it is only my first offence and only a caution common assault.


    I would like to know if anyone has been in this situation or is this offense big enough for me to not to get my license. Is there any grounds which I have to fight my case if I do not get my license, as what happened that day was all out of character and really regret it.


    I look forward to your help.
    Tags: None

  • #2
    Re: DBS check to get PCO license, received common assualt caution

    Hi and welcome
    From reading various websites I understand that when considering an application the assessment takes into account not just the fact of the caution, but also the nature and circumstances of the offence, subsequent record and your individual circumstances. Supply personal character references from any professional people you might know.
    Good luck if you continue with your application.

    Comment


    • #3
      Re: DBS check to get PCO license, received common assualt caution

      Hi des8,

      Thanks for your reply, the caution which I received was for common assault. I'm not sure how severe that is when it comes down to the DBS check, this was my first ever offence and I've never had any other encounter like this. On that occasion I was driving and a cyclist nearly hit my car and then he carried on until he was abusing my wife and I thought he was going to hit me but he didn't and it was me who actually hit him first. I then walked off and next thing I know I had police waiting for me outside my house. I admitted that I hit him to the officers and the reason why, but they only wanted my guilt out of it to give me a caution.

      Comment


      • #4
        Re: DBS check to get PCO license, received common assualt caution

        Common assault is the lesser of other types such as ABH or GBH. So its not a serious offence!

        The fact is common assault is something your charged for when the victim received no injuries or no serious injuries i.e. didn't require medical attention or no serious lasting effects physical or mentally.

        Basically common assault is no different to a play ground scuffle, where neither is hurt or require medical attention! You probably caused him more embarrassment then you did actual injury!

        So i doubt it will effect you getting the PCO License!
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment


        • #5
          Re: DBS check to get PCO license, received common assualt caution

          The TFL guidance https://www.tfl.gov.uk/cdn/static/cm...guidelines.pdf says that an applicant should normally be free of conviction common assault before an application is allowed (p19).

          Section 3.3.6 details how they deal with cautions.

          As I read them both in conjunction with each other, rejection is not a foregone conclusion (although it is a shame it is relatively recent).

          Comment


          • #6
            Re: DBS check to get PCO license, received common assualt caution

            This isn't something I know anything about but I had a quick read of the TFL guidance and it seems as though you have to apply for a licence before you undertake any training etc. Is that correct? How much does the application cost?

            - Matt
            Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

            Comment


            • #7
              Re: DBS check to get PCO license, received common assualt caution

              Thanks everyone... The application in total including medical, topography test, application and DBS around the £500 mark. I've spoken to TFL a few times and they have given me a mixed review, one person has said to wait for at least a year before I apply and the other has said as it is my first offence then it shouldn't have no effect and I should get my license if they look into the case properly

              Comment


              • #8
                Re: DBS check to get PCO license, received common assualt caution

                you were given caution so you were not convicted of an offense
                Last edited by teaboy2; 22nd June 2015, 19:41:PM.
                Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                The Governess; 6th March 2012 GRRRRRR

                Comment


                • #9
                  Re: DBS check to get PCO license, received common assualt caution

                  Whilst a caution requires an admission of guilt, it does not rank as a conviction.

                  See home office circular http://www.gmp.police.uk/content/WebAttachments/427CCF9FA39DB90180257A6400455457/$File/Adult%20simple%20caution%20policy.pdf page 5, "Consequences"

                  Comment


                  • #10
                    Re: DBS check to get PCO license, received common assualt caution

                    Sorry [MENTION=48758]stevemLS[/MENTION] i made typo in my post and missed the word "not", have corrected it now. My bad....
                    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                    The Governess; 6th March 2012 GRRRRRR

                    Comment


                    • #11
                      DBS check to get PCO license, received common assault caution.

                      Hi!
                      How is it gone? Did they let you have the PCO or rejected your application?
                      I fall under the same category as you.

                      please reply.

                      Bin.

                      Comment


                      • #12
                        As original poster hasn't been on for nearly four years I doubt you will receive a response

                        Comment


                        • #13
                          Hi, I'm still alive.... Yes thankfully I did get the license both times as I've had to renew it 3 years later. However due to the caution the license application is always longer due to extra checks and having to forward your original DBS certificate to Tfl.

                          So hopefully you will get yours as long as its a minor caution. Hope this helps

                          Comment


                          • #14
                            Alive but not so active
                            Thanks for responding to Sadik

                            Comment

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