Our client had been accused of stalking by an ex-partner. He had been with his partner for several years, however the relationship ended badly with accusations made on both sides.
The police chose to believe the ex-partner’s version of events and accused the client of harassment and stalking. Our client was a successful professional who was required to undertake DBS checks and also travel abroad on short/medium work contracts. The client also was frequently involved in charity work where he was required to undertake an enhanced DBS check.
The caution therefore caused our client significant difficulties, and had it remained in place would have seriously jeopardised his professional career and charitable work. The client stated at the time the caution was issued to him he was told that it would have no long term impact.
Police Caution Removal Lawyers and DBS Appeals
After leaving the police station the client came to realise the long term impact of the caution, namely that it would be retained until he was 100 years old, and might impact immigration checks, and DBS checks – particularly enhanced DBS checks where the caution could be disclosed as “relevant information” even after 6 years had elapsed.
On reviewing the evidence we were able to determine that the police’s investigation had been very one-sided, and they had not followed up important aspects of the case which showed inconsistencies in the complainant’s evidence. The client’s police station interview was also clearly equivocal – despite these defects the police had still offered the client a caution.
After presenting our findings to the police, and then appealing the case, the police agreed to delete the caution. The client’s caution, PNC record and biometrics are now deleted.
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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