The client had been wrongfully accused of a criminal allegation, and had been arrested, detained, fingerprinted, DNA swabbed and held overnight.
We made representations to the police for the deletion of the client’s record. After initially resisting deletion, we placed further pressure on the police, which resulted in them backing down, and agreeing to the deletion of the client’s PNC records.
Enhanced Disclosure and Barring Services (DBS) Checks
Had the allegation been retained on the PNC, it is possible that the incident would have been disclosed indefinitely on an enhanced DBS check. Due to the nature of the allegation, and the client’s profession (education), it was likely that the police would have chosen to disclose the allegation on an enhanced DBS certificate for years to come.
Now that the PNC record is deleted, the client now has a clear DBS certificate.
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
Privacy & Cookies Policy
This cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, camapign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assigns a randoly generated number to identify unique visitors.
This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the wbsite is doing. The data collected including the number visitors, the source where they have come from, and the pages viisted in an anonymous form.
Used by Google DoubleClick and stores information about how the user uses the website and any other advertisement before visiting the website. This is used to present users with ads that are relevant to them according to the user profile.
This cookie is used to a profile based on user's interest and display personalized ads to the users.
This cookie is set by doubleclick.net. The purpose of the cookie is to determine if the users' browser supports cookies.