We had a caution for possessing pepper spray deleted for an international student who did not know the spray was illegal in the UK. Even though she had no legal defence, the police agreed to delete her caution, PNC arrest record and biometric data.
At a glance
- Record: police caution for possessing pepper spray
- The problem: pepper spray counts as a firearm under UK law, so a DBS check would have shown a firearms offence
- Her situation: an international student hoping to work in a regulated field
- Outcome: caution, PNC arrest record and biometric data deleted
The background
Our client was an international student from a country where pepper spray is legal and widely available. She had lived in the UK for several years, had always carried the spray and had often passed through UK customs with it in her hand luggage without being questioned. She did not know it was illegal here.
The spray was found during a routine search at an official building. The police were called and she was cautioned shortly afterwards.
She hoped to work in a regulated field after many years of study. Pepper spray is classed as a firearm under UK law, so any DBS disclosure would have said she had committed an offence under firearms legislation.
What we did
There was no legal defence in her case. We made representations to the police setting out why the caution should nevertheless be deleted.
The outcome
The police agreed to delete her caution, her PNC arrest record and her biometric data.
No defence does not always mean no case
Deletion is not only for people who were wrongly cautioned. See police caution removal for how applications are decided, and custody image deletion for biometric records.
Could your record be deleted?
Every case turns on its own facts, and a past result does not guarantee the outcome of another case. If a caution or other police record is affecting your work, studies or travel, we can review it and tell you honestly whether there are grounds to apply. Read police caution removal to see how the process works and our fees for costs, or contact us to arrange an initial consultation.
Related case studies: Firearms Caution Deleted After 15 Years · Theft Caution Deleted for a Visa Application · Police Caution Removal for Affray
