Domestic Assault Allegation Removed for UK Citizenship
Our client had been issued a police caution in relation to a domestic assault allegation. The client was a new resident in the UK, coming over with her family to work in health care.
The caution had been the result of a minor argument that became heated. The police were called and the client was taken away by the police to prevent any further incidents that evening. The client’s husband begged for the police not to arrest his wife, the police however still arrested the client due to their pro-active action policy in cases of domestic assault.
The client who was totally unfamiliar with legal proceedings, was completely shocked to be arrested and detained in a police cell. She was terrified of what the police might do, and how it might effect her work and immigration status. When the police offered her a police caution, she jumped at the chance, not understanding its full implications, simply wanting to leave the police station as fast as possible.
Police Caution Deletion
Once she left the police station, and after having time to reflect on her situation, she researched the implications of the caution and was shocked to realise that it would be disclosed on DBS background checks, and would prevent her application for UK citizenship for at least three years.
The client and her husband got in touch with us to have her caution removed.
We promptly prepared detailed legal representations which persuaded the police to delete the client’s police caution from the PNC.
Now that the client’s caution has been deleted, she has been able to process her application for citizenship and also has a clean DBS certificate.
Along with applying for the deletion of police records, we can also assist with challenging DBS disclosures on both standard and enhanced DBS certificates. Our lawyers also have extensive experience in challenging DBS barring decisions; both appealing existing barrings, or resisting a new barring application.
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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