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Disclosure of a warning

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  • Disclosure of a warning

    Hi,
    they stiry is I was given a recorded police warning about a year and a half ago and am not about to qualify as a nurse and am terrified disclosing this to the NMC will not allow me to join the register.
    They ask for any charges, convictions or actions to be disclosed, however I am unsure of the legalitys and if a warning in Scotland is the same as a caution??
    If I do disclose this, and they get a police national computer report, what information is likely to show? Does it give a full account of what happened or just that I have a warning? I cannot express how much this is affecting my life and how scared I am. Please can some one help me?
    Tags: None

  • #2
    Re: Disclosure of a warning

    . It is not a finding of guilt but is an alternative to prosecution and will be recorded on the Criminal History System for a period of two years

    You might find this response to a Freedom of Information request reassuring:

    Good afternoon Mr Roberts and thank you for contacting Disclosure Scotland
    with your question below. A Fiscal warning letter is an alternative to
    prosecution so therefore will never result in a conviction and will not be
    disclosed on a Basic level disclosure. I have included a link to our
    website page which details the information included in the different
    levels of disclosure certificates. You can access this by clicking
    [1]here.

    You will note that there is a column ‘Other Relevant Information.’ You may
    already understand what this means, but for ease of reference, I have
    included an explanation below. This would be the only instrument whereby
    the Fiscal Fine information could be disclosed on an Enhanced or PVG
    Scheme Record only. From experience, I would think it highly unlikely that
    it would be disclosed, but this decision remains at the discretion of the
    Police Force where the incident took place.


    "Other Relevant Information" or ORI. Legislation within Part V of the
    Police Act 1997 states that non-conviction information held locally by the
    police can be disclosed at the discretion of the Chief Officer of the
    Police Force concerned, depending on the position being applied for, and
    that, there is no requirement for a finding of guilt before any
    information is disclosed.
    From: https://www.whatdotheyknow.com/reque...further_action

    Best wishes for your career

    Comment


    • #3
      Re: Disclosure of a warning

      Thank you for your help
      I am in a really bad place just now. Are the three options of disclosure the only ways to get information from the national police record?

      Comment


      • #4
        Re: Disclosure of a warning

        It seems that you must disclose all cautions whether or not they are spent, unless they are protected. Protected cautions are minor offences that will not be disclosed on a Disclosure and Barring Service (DBS) check.

        https://www.nmc.org.uk/registration/staying-on-the-register/informing-us-of-cautions-and-convictions/

        Comment


        • #5
          Re: Disclosure of a warning

          So if it doesn't show an a PVG check I wouldn't have to disclose this?

          Comment


          • #6
            Re: Disclosure of a warning

            Sorry, but I honestly don't know.

            The NMC are only looking for signs of bad character. This means serious cautions arising from theft, fraud, violence, sexual offences, drug dealing or dishonesty.

            On your record you have a warning which is spent after two years.
            I don't know what for (and don't need to!) but it is the most minor of offences, so I doubt it will have much effect on your future.
            If however you are required to declare all warnings and conceal this, you will be in even more difficulties if it comes to light.

            I'm tagging [MENTION=49370]Kati[/MENTION] to see if we have any medical beagles who can give better advice

            Comment


            • #7
              Re: Disclosure of a warning

              It was a warning for shoplifting. I am so disappointed in my self and regret this one silly moment of madness.
              The reason I am so stressed is because when informing my university I played down what happened (I told them it was a misunderstanding) I know how hugely stupid this was to do but I was terrified of loosing my place at university and did not think long term.
              I am worried incase the NMC go to the police and the two accounts do t match up! Please help me! I'm so scared of loosing my career over this.

              - - - Updated - - -

              I want to be upfront and honest to prevent future implications, however I don't want to loose everything. I can't get any solid information that lets me know what is the bst thing to do or a possible out come and I won't be timdnof the outcome for months!
              This will also delay my application. Sorry I'm all over the place!

              Comment


              • #8
                Re: Disclosure of a warning

                It sounds like it is already on your student record so it is likely to be known by the NMC anyway so I don't think you have anything to gain by witholding it. If you did withold it you'd be in a state of stress for months worrying whether you'll be 'found out'. At least if you are upfront and disclose it you can argue your case. As it isn't a spent caution then it is likely to show up on an enhanced disclosure and it would be far more difficult to argue why you didn't disclose it, then that it was a minor offence, than if you are just arguing it was a minor offence and doesn't impact your character at all.

                Some reading.

                https://www.nmc.org.uk/globalassets/...g-guidance.pdf
                https://www.askthe.scottish.police.uk/content/Q927.htm
                https://www.nmc.org.uk/registration/...d-convictions/
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: Disclosure of a warning

                  As [MENTION=6]Amethyst[/MENTION], as you informed the university already, there is no point in not declaring when applying to join the register.

                  The uni allowed you to continue your studies, having decided you are of sufficiently good character.
                  The registrar has to decide if you are capable of safe and effective practice whilst taking into account the warning.
                  Do remember a warning is not a conviction, and presumably the incident was very minor, and IMO should not prevent registration.

                  Comment


                  • #10
                    Re: Disclosure of a warning

                    Does anyone know of someone who has been in a similar situation I'm scared they will decline my application.
                    I told the university that I did not mean to steal the items and it was a mistake however this was not the case and I'm worried that any information the NMC receive will show this. My university have already told me they will include a bit about the statement I gave them
                    atbthe time.

                    - - - Updated - - -

                    I just want to appolagise for my actions and tell them I love my job and do not want to ruin it! ��

                    Comment


                    • #11
                      Re: Disclosure of a warning

                      Whatever you do, don't be temped to lie!
                      Lying will only get you put on the barred list.
                      Be honest and truthful.... the incident was out of character, a one off and a mistake which you will never repeat.

                      Comment


                      • #12
                        Re: Disclosure of a warning

                        But the account I told the university is a lie what will I do?? Will they find out???

                        Comment


                        • #13
                          Re: Disclosure of a warning

                          The disclosure doesn't give much info at all afaik. Like this - http://hub.unlock.org.uk/wp-content/...1-750x1024.jpg

                          Don't they get you to obtain your own DBS now anyway? you could just get it 'ordered' now - we got a Scotland one when the England one was being a pain in the bum over identification for my Daughter ( for work experience, seems impossible for them to comprehend a 15 year old doesn't have a bank account, utility bills or a passport )... anyway the Scotland one came through pretty quickly ( only just over a week ).

                          Basic is £25.

                          Not sure what level NMC would need though ?
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            Re: Disclosure of a warning

                            The NMC one is enhansed I think.
                            And what do I do if I get a police check and they give an account that is difrent to the university's??
                            i can't function with this! Can't eat or sleep or leave my house I'm so scared

                            Comment


                            • #15
                              Re: Disclosure of a warning

                              I'd fully expect the uni records will just note the formal charge you had without any detail of whatever representations you made about it at the time. You could always ask the Uni for a copy of your records. Might cost you a tenner if they insist on doing it under a Subject Access Request.

                              I don't know how much time you have though?

                              Still even if you have to fill in your application for the NMC ( and put it down !) gathering the info for your own peace of mind might be worthwhile while you await a decision.
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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