We have had a police caution deleted for our client. The caution was issued in the context of an acrimonious separation.
The client was a health care professional, and so had the caution not been removed, it would have likely resulted in the client being struck off, and their losing their professional career.
The caution had stemmed from a false allegation, but due to poor legal advice at the police station, and pressure from the police, the client agreed to accept the caution.
Police Caution Expungement
After we reviewed the evidence, it was clear there had been a number of procedural errors, and the client had been wrongly issued with a police caution.
We gathered together supporting evidence, and presented the client’s case to the police, which resulted in the police agreeing to the removal of the caution from the Police National Computer (PNC).
Regulatory investigations have now been dropped against our client, who has now returned to work with a clean record. Had the caution not been removed, as it was Actual Bodily Harm (ABH), which is on a list of offences that will never become filtered by the Disclosure and Barring Service (DBS), it would have been disclosed forever and would have been retained on the PNC for 100 years.
Police Cautions & Criminal Records
If you have received a police caution, then it will show up on a standard or enhanced DBS check for at least 6 years. After 6 years the caution may continue to be disclosed on an enhanced DBS check, and will definitely show up after 6 years (under current rules – which are subject to an ongoing appeal) if the offence for which you were cautioned appears of the DBS’s proscribed list of offences.
We will take the time to analyse your case in detail, with a view to identifying procedural defects or anomalies in the evidence, to give you the best chance of success.
We understand the very significant impact a caution can have, and which is often sold by the police as being a mere “slap on the wrists”. We know the caution can have a devastating impact on someone’s life and career, we understand this, and will deal with your case sympathetically and compassionately.
We charge reasonable rates, and can usually provide a clear and concise advice on your prospects of success, after an initial consultation.
DBS Appeal Solicitors
Along with challenging unfairly issued police cautions, we also have extensive experience in challenging unfairly issued DBS certificates, and also DBS barring decisions.
If information has been disclosed on an enhanced DBS certificate, which you dispute, we have extensive experience in challenging disclosures, inducing appealing disclosures to the Independent Monitor.
If you have been barred, including historic barring decisions taken under the previous list 99 and ISA procedure, then please get in in touch.
If you have received a “minded to bar” letter, we have had significant experience in persuading the DBS that it would be inappropriate to bar our clients.
DBS and Police Records Appeals Solicitors
Please get in touch today to discuss any DBS case or any police records deletion application you would like to make, including deleting arrest records, cautions (conditional and simple) youth cautions (formerly warnings and reprimands), PNDs and cannabis warnings.
I am a qualified solicitor and Director of Legisia Legal Services. 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 many 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
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