Introducing legal rules to govern formal cautions held on police records
On two occasions, the High Commissioner received complaints from individuals who, following a background character check carried out as part of a recruitment process, were given a formal caution by the Police Department. These cautions took the form of a reprimand accompanied by an order to behave irreproachably. The High Commissioner first of all noted that there was no legal instrument providing for this type of caution. It was also observed that these cautions artificially created a recent incident in police records, despite potentially relating to facts occurring long before. Should the individual concerned subsequently make an application requiring a background character check, the incident on record would be likely to influence the judgement made. The High Commissioner therefore recommended that a legal framework be established to govern the nature and effects of these formal cautions.
The entire recommendation is available on the site in french version only.