Police Caution Deleted

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Police Caution Deleted

We have again removed a police caution for a health care professional. The caution had been issued in relation to a domestic incident.

On the face of it the client had accepted the caution and the police had undertaken their investigation correctly. On closer examination however, we were able to uncover defects with the investigation, and the police caution procedure, which rendered the caution unlawful.

After making representations to the police, they agreed to expunge the client’s caution and biometric data.

Yes!!!! Thank you very very much !!!

The police will routinely issue police cautions for minor domestic incidents, and for the police, a caution is often seen as a light touch response to an incident. The reality can however be far worse than a simple “slap on the wrists” as cautions can, and do, have long term consequences.

All police cautions will be disclosable on a standard or enhanced Disclosure and Barring Service (DBS) certificate for at least 6 years; for more serious offences, a caution will be disclosed forever.

Police Caution Removal Solicitors

It is possible to challenge, and successful expunge, a police caution. We have had significant success over the years in deleting police cautions, including youth warnings and reprimands (now called youth cautions) and also conditional cautions.

DSB Barring Decisions

Along with the disclosure consequences of caution, often once a police investigation and police disposal has been undertaken, this will trigger a barring investigation by the Disclosure and Barring Service. If you have received a minded to bar letter from the Disclosure and Barring Service, then please get in touch. We have successfully resisted and overturned DBS barring decisions in the past.

Arrest Records

If you have simply been arrested and interviewed, without any formal police caution, namely you were released with no further action (NFA) then you may find, to your surprise, that this information is nevertheless showing up on an enhanced DBS certificate.

The law gives broad powers to the police and DBS to disclose information on an enhanced DBS certificate where there are concerns raised related to children and vulnerable adults – this is especially so where the allegation involved serious violence or sexual abuse.

Along with having police cautions expunged, we have successfully applied in the past to have arrest records, biometric data, custody photos and local police records deleted.

Police Caution, Arrest Records and DBS Appeals Solicitor

Please get in touch today to discuss your case. We can usually offer reasonable fixed fees; regrettably we do not offer our services under legal aid.

About the Author:

I am a qualified solicitor and I have extensive experience of applying for the removal of police cautions from the PNC, challenging DBS certificates and DBS barring decisions. I have had numerous successful cases, and for cases where judicial review proceedings have been issued, I am usually able to recoup my clients’ costs from the police. I have co-authored a journal paper on the reform of the police cautioning procedure in the Criminal Law Review (the leading criminal law journal : “Suggestions for Reform to the Simple Cautioning procedure”). I also write the UK Westlaw Insight on Police Cautions and published an article in the Criminal Law and Justice Weekly on anonymity in criminal proceedings and its impact on the police caution: Adult Defendant Anonymity in Criminal Proceedings