In the last 12 months, we have successfully removed 6 different arrest records from the Police National computer (PNC) related to rape allegations.

Rape and sexual assault are one of the most serious crimes anyone can be accused of, and the stigma that is attached to sexual offences is particularly damaging.

The police have an important job in ensuring genuine sexual offenders are arrested and prosecuted. However, sometimes the wrong person gets arrested, or false allegations are made. In these circumstances we are here to help, and we will provide you with robust representation to give you the best possible chance of having your arrest record deleted.

Being wrongfully arrested and accused of rape, along with the practical implications the arrest may have to your employment prospects or ability to travel overseas, can lead to profound emotional and psychological trauma. We have represented many clients where it has taken months, or even years, to build up the strength to face getting their arrest records deleted. Many clients find it extremely traumatic to talk about their experiences, and reliving their arrest and the police investigation takes a toll on them. We understand these experiences, and we will deal with your case with the utmost sensitivity, understanding and care.

The stigma attached to rape and sexual assault allegations often results in feelings of shame, isolation, and fear, even when the charges are unfounded. Individuals may experience anxiety, depression, and a loss of trust in the justice system, these feelings will be compounded and greatly magnified if the allegations reached the public domain.

The ripple effects of a false allegation, even where there has been no media exposure, can be devastating. In the home, relationships with family members may be strained, leading to feelings of isolation or emotional alienation.

At school, a child may face whispers, exclusion, or bullying from peers, affecting their focus and ability to thrive academically – we have represented a number of younger people whose A-Levels and GCSEs were greatly impacted by false allegations, and the fallout it caused at school.

Similarly, at work, colleagues or employers may regard a person accused of rape with suspicion, potentially leading to job instability, missed opportunities, or even dismissal. These impacts are compounded by the psychological toll, as the individual often battles anxiety, shame, and the fear of social and/or professional rejection.

A false allegation of rape or sexual assault can profoundly disrupt personal relationships. Within the home, it can strain trust and communication, as family members may struggle to reconcile the accusations with their perception of the individual. Tensions may arise, with some family members possibly doubting the person’s innocence or feeling ashamed by the association, leading to emotional distance and conflict.

In personal relationships beyond the home, such as friendships or romantic partners, the stigma of the allegation can create barriers. Friends may withdraw, unsure of the truth, and potential or current romantic partners may question the individual’s integrity, regardless of the absence of a conviction. The person accused may become fearful of developing future relationships, afraid that another false allegation could be made. This erosion of trust can lead to isolation, making it difficult to maintain or build meaningful connections.

Clients have reported to us that the fear of disclosure or judgment caused by the retention of an arrest record weighs heavily on their shoulders. Clearing an arrest record from the PNC can be a positive step towards moving on from a false rape allegation, and can help you rebuild your reputation and confidence. Deleting an arrest record for a false or incorrect rape or sexual assault allegation is a crucial step in reclaiming your dignity and sense of trust in the legal system, ensuring that the shadow of wrongful accusations no longer hinders any future opportunities.

In the UK, arrest records for all recordable offences, including rape and sexual assault, are retained on the Police National Computer (PNC) effectively forever. This means that even if charges are dropped, or no conviction is secured by the CPS, the record of the arrest remains until the individual reaches 100 years of age – unless the police agree to delete the record.

The reason why the police can keep an arrest record, effectively for the length of a person’s life, is to support public safety and law enforcement. The Government has effectively adopted a “what if” or “no smoke without fire” approach to PNC records – namely although an arrest record might not say you are guilty, the police want to keep these records “just in case”, namely just in case you were guilty, and you are accused of anything else in the future. Many countries around the world do not follow the UK’s approach, and have strict rules about when records should be deleted, including convictions. While some countries, it might be said, delete too much data, the UK is one of, if not the most, strict nation when it comes to the retention of criminal records data.

Arrest records, although there is no finding of guilt, can be disclosed on a discretionary basis on an Enhanced DBS Certificate. For more details, please see here: Enhanced DBS Certificates.

A rape or sexual assault arrest record, even if there is no conviction, can sometimes significantly impact immigration, citizenship, and visa applications. Immigration authorities often require applicants to disclose any arrests or charges, as these are considered when assessing an individual’s character and eligibility. The USA, for example, for certain immigration applications, including ESTAs, will ask about “arrests”, namely not just police cautions and convictions.

An arrest record for rape, if it must be disclosed according to a country’s immigration rules, will lead to additional scrutiny and possible outright denial. If immigration authorities believe the allegation poses a potential risk to public safety then visas, residency permits and citizenship may be refused.

In the last 12 months we have had arrest records for rape removed from the PNC for 6 separate clients. As rape is an extremely serious offence, in order to have this type of arrest record removed, the police will need to be persuaded that the person was not guilty and/or that the police made a mistake, or that there are some very persuasive public interest reasons why the record should be removed.

For this client, he had been accused of rape of a 16-year-old girl. The client was himself a teenager and strenuously maintained that the allegation was false. We were able to show compelling evidence that the allegation was indeed false, and that the complainant had lied.

This client was an international businessman with a very successful career and was accused of rape after a date with someone he met on a dating app. The client was astounded to be accused of rape the day after the date, and was subjected to humiliating and invasive searches and sampling. After being left under investigation for 3 months, the case was dropped. The client had endured significant stress and anxiety throughout the investigation, and started suffering from depression for the first time in his life. We prepared a clearly presented and well organised application to the police that showed that the complainant had lied, and had been trying to extract money from the client.

This client was again a successful city professional, who again met a woman on a popular dating app. The morning after their date, the police kicked down our client’s front door, and arrested him, accusing him of rape. He was subjected to humiliating searches and sampling. Fortunately the case was dropped only weeks after the initial allegation; we later discovered that the complainant had dropped her claims only hours after first making them. We went through all the evidence step by step, texts messages and voice messages, photos, CCTV, and other digital evidence that clearly showed that the complainant had fabricated the allegations. As with our client mentioned above, the client had also developed anxiety and depression in the aftermath of his arrest, and it took him months to recover from the impact of the false allegation. The removal of the arrest record helped him move on from the incident.

This client came to us 7 years after he had been falsely accused – the allegations had unfortunately taken a heavy toll on his life, and had derailed his previous plans for his future. The rape allegation was made by his then girlfriend, when he was in his final years of his A-Levels. The allegations completely disrupted his studies. It was only after years of stress and unhappiness, due to the allegation, that his family approached us for help. Although the allegation was historic, we were able to gather together evidence that strongly indicated the allegation was false. Although we were unable to rewrite history for the client, he was very happy that the police agreed to remove his arrest record, and he finally felt he was able to move on from the false allegation.

We were approached by this client’s family – their son was 16 and he had been accused of rape. The trauma of the allegation had brought their son to the verge of suicide, with his parents keeping a vigil over him at night for months. Unfortunately the police had arrested the client at a public event, in front of hundreds of his peers. At school he was bullied and taunted and his academic performance plummeted. The client was kept under investigation for months – it was only after DNA evidence completely exonerated him that the matter was dropped. The client had been improperly accused, and had been the victim of careless policing, with the police clearly arresting the wrong person. The police promptly agreed to delete the arrest record from the PNC,  and they also removed him from their local police systems.

For this client, he was accused of sexual assault by penetration – these allegations related to a consensual BDSM interaction. The client had been falsely accused, and the arrest record threatened to impact his immigration and work opportunities in North America. We presented a well-researched and carefully assembled package of evidence to the police, detailing numerous social media posts, messages, and witness statements. The evidence clearly showed the complainant had lied, and had made the allegations due to ulterior motives.

Wrongful arrest records for serious allegations, such as rape and sexual assault, can have a lasting impact on an individual’s life, affecting their reputation, opportunities, and emotional well-being. We have significant expertise and experience in getting rape and sexual assault arrest records removed. We understand the unique challenges and stressors our clients face, and we are committed to providing tailored and robust legal representation in each case.

Please get in touch today to discuss your case, and to arrange an initial consultation.

Unfortunately we do not offer legal aid, but we charge reasonable fixed fees.

If you’re exploring the possibility of moving to Saudi Arabia but have a criminal record, including a police caution from the UK, you may face some difficulties. This guide provides insights into how your record might be revealed and when, and how a police caution might affect your ability to travel, work, and live in Saudi Arabia.

Saudi Arabia maintains strict immigration policies, often prioritising individuals with clean records. Background checks are standard for those seeking work and residency. The Kingdom values integrity, especially for professionals in sensitive industries, making a criminal record a potential red flag.

If you are traveling to Saudi Arabia for only a short business strip or holiday, a police caution or another criminal record, should not cause you an issue, unless you are a known serious and/or wanted criminal.

Police cautions, while not technically “convictions”, will still appear on background checks and will raise concerns, depending on their nature and severity. Lower-level police cautions will be revealed on a Standard or Enhanced DBS certificate for 6 years, after which they may be disclosed on an Enhanced Certificate. For more serious offences, such as ABH and affray, these records will always be disclosed on a Standard and Enhanced Certificate. For more details on UK DBS Certificates, please see here: Disclosure & Barring Service.

For travel and work in Saudi Arabia, it is unlikely that you will need a DBS Certificate –Saudi authorities will however require an ACRO Police Certificate. If you have a criminal record, your Certificate will reveal your criminal record, either directly or indirectly. For information on how criminal records are disclosed on an ACRO Police Certificate, please visit here: ACRO Police Certificate.

If you do have a criminal record, Saudi authorities will ask you to obtain your subject access report from ACRO – this is essentially a printout of your criminal record, that is held on the PNC.

Most short-term visitors (e.g., for tourism or pilgrimage) may not face detailed scrutiny, unless a person has a record for offences that mean they pose a national security risk.

Employment visas to Saudi Arabia demand thorough vetting. Although your employer may not be able to know about your caution or other criminal record because it is protected under UK rehabilitation laws, because Saudi Arabia is a sovereign nation, they can request any information prior to granting a visa, including asking you to provide a copy of your PNC record. Therefore, via the visa process, an employer based in Saudi Arabia may receive details about a criminal record, even if it is rehabilitated in the UK.

Certain roles in finance, healthcare, law education, and government may have stricter requirements, meaning even minor infractions could hinder job prospects. We have had recent reports from clients that Saudi authorities have become much stricter in their approach to criminal records, including police cautions, and are rejecting visas even where the criminal record is lower level.

Saudi Arabia has a zero-tolerance approach to drugs, and we have found that visas have been rejected due to low level drugs cases. The USA and China are also strict when it comes to criminal records for drugs offences. See our article on this topic here: Will a police caution affect a visa to the US or China?

Applicants for residency permits, similar to work visa applicants, undergo detailed scrutiny. A police caution might not automatically disqualify you, but its implications depend on the discretion of Saudi immigration authorities, and the nature of the incident. As above, we have received recent reports of Saudi Arabia adopting a very strict approach to any form of criminal record.

There are other countries in the Middle East where you may experience problems with a police caution and immigration. If you’re planning to relocate to the UAE (Dubai, Abu Dhabi etc.) Qatar, Oman, or Jordan and you have a criminal record—including a police caution—you may face challenges during the immigration process. Each of these Middle Eastern countries have unique policies when it comes to evaluating past criminal offences.

Although Saudi Arabia is very strict when it comes to certain police cautions, the good news is that you may be able to get your record deleted.

Once your record is deleted, your ACRO Police Certificate will state “no trace” and you will also be cleared from the PNC.

The police may have wrongly issued your caution, or there may be public interest reasons why your caution should be removed. With our experience and expertise we will be able to craft your deletion application to ensure you have the best possibility of success.

We have had hundreds of police cautions and arrest records deleted for clients, including clients who were offered jobs or were looking to reside in Saudi Arabia. Once our clients had their records removed, they were able to successfully apply for their work visas/residency in Saudi Arabia.

Please get in touch today to discuss your case – your police caution does not have to prevent your move to Saudi Arabia.

We offer reasonable fixed fees, and will give you an honest and clear advice on your prospects of success during an initial consultation.

Under Section 184 of the Data Protection Act 2018 (DPA) it is illegal to require a person to provide a “relevant record” in relation to recruitment for a job, continuing employment, or when providing services to the public.

Relevant records under Schedule 18 of the DPA are the following:

• Health Records: If an individual requests their medical history from a hospital, this would be considered a relevant health record.
• Criminal Records: If someone requests their criminal record from the police, this would be a relevant record relating to a conviction or caution. This includes records obtained by a data subject that contain information about a conviction, caution, or an arrest.
• Statutory Functions: These are records obtained by a data subject that contain information related to statutory functions. The records can be obtained from entities like the Secretary of State, the Department for Communities in Northern Ireland, the Department of Justice in Northern Ireland, the Scottish Ministers, and the Disclosure and Barring Service (DBS).

The law only allows these records to be provided to another person or organisation if the records are required by law or are justified in the public interest.

If someone is required to provide criminal records to obtain a job or keep a job, where there is no legal requirement to do so, it is a criminal offence that can be punished by a fine.

Employers can lawfully request a DBS check as part of their recruitment process to ensure that individuals are suitable for certain roles, especially those involving work with vulnerable groups or sensitive information. These are the different levels of DBS checks and when they can be requested:

What it shows: Unspent convictions and conditional cautions.

When it can be requested: For any role, as there are no specific eligibility criteria.

Example: A retail company hiring a cashier may request a basic DBS check to ensure the applicant has no recent criminal convictions that could affect their suitability for the role.

What it shows: Unprotected convictions and cautions.

Cautions and convictions will become “protected” after certain periods of time, unless they are for “specified” offences. Please see our DBS Calculator for more details.

When it can be requested: For roles specified in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, such as positions in security, legal professions, and certain financial services.

Example: The SRA or BSB will ask for a standard DBS check when admitting a solicitor or barrister to the profession.

What it shows: The same as a standard check, plus any additional information held by local police that is considered relevant to the role.

When it can be requested: Generally for roles involving work with children or vulnerable adults, such as teaching, healthcare, and social work, and other highly regulated roles.

Example: A school hiring a teacher will request an enhanced DBS check to ensure the applicant has no criminal history that would make them unsuitable to work with children.

Employers may also get to know about a criminal record via immigration procedures. If you are being employed outside of the UK, in the US for example, your employer may want to process your immigration application.

When this is done, they will often require you to provide an ACRO Police Certificate. Your Certificate will directly or indirectly reveal a past criminal record – for details about “no live trace” disclosures, then please visit here.

There is a grey area in UK rehabilitation laws when an employer asks to undertake a visa application for their employee. It is debatable whether an employer learning about an employee’s criminal record, where they would otherwise not be able to, by facilitating a visa application, amounts to enforced subject access.

In these circumstances a business will not have specifically requested access to the criminal record for their own purposes, but if a role is contingent on an overseas visa being granted, then the employer will inevitably become aware of the record if they process the employee’s visa application. To avoid this issue arising, a prospective employee could request to process their own visa application, but this is likely to draw suspicion from the employer, and also cause delay.

We have recently become aware that there are third-party background checking companies that, as part of their pre-employment screening checks, insist on employees and new recruits obtaining a copy of their ACRO Subject Access Request.

We are aware that this practice is being undertaken by overseas multinational companies, who will recruit a third-party organisation to undertake their new recruits’ background checks. So far, we have only heard of this being done by companies based in the US, but companies based in other jurisdictions may also be employing similar techniques.

US based companies may feel emboldened to undertake these checks, given the physical distance between the US and UK, but asking for an ACRO Subject Access check in these circumstances is clearly enforced subject access, and is a criminal offence.

If you believe you are the victim of enforced subject access, in the context of being recruited for an overseas role, or when being recruited by an employer based overseas, then please get in touch.

We have extensive success in deleting records from the PNC including police cautions, youth cautions/warnings and reprimands, arrest records, and overseas convictions. We can also assist with complaints to the ICO and/or police, with respect to data breaches, and enforced subject access.

Actual Bodily Harm (ABH) is a criminal offence under Section 47 of the Offences Against the Person Act 1861. It is an intermediate level of assault, more serious than common assault but less so than Grievous Bodily Harm (GBH). ABH is committed when a person intentionally or recklessly assaults another, causing them physical or psychological harm that is more than transient or trifling.

It is comparatively rare for a caution to be issued for ABH, as opposed to assault by beating, but the police do issue cautions for ABH fairly frequently.

In our experience where a caution for ABH is issued the injuries will be less serious compared to cases that are charged and taken to court. Often where an ABH caution has been issued, the injuries are in fact more consistent with assault by beating.

The injuries classified under ABH can vary widely but must be more than mere superficial injuries like minor cuts or bruises.

The Crown Prosecution Service (CPS) will look at the circumstances of a case to see if it is more serious than a simple assault case, such as where there are repeated threats or assaults on the same person, or where there is significant violence. If there has been punching, kicking or head-butting, as opposed to simply pushing or slapping, then ABH will be more likely. Also if a weapon has been used, it is more likely to be considered ABH, but if the injuries are of the most serious nature then GBH/malicious wounding would be considered instead. It would be very rare for a caution to be issued where GBH injuries are present.

ABH injuries include damaged teeth or bones, extensive and severe bruising, cuts requiring suturing, and those that result in a loss of consciousness. If injuries require medical treatment, then that may also indicate ABH injuries. The most serious injuries would be GBH, so where the victim is comatose, or bones are shattered, and there are deep penetrating wounds, then a charge of GBH over ABH will be considered.

Assault by beating, or battery, involves the application of force upon another person without their consent and, without lawful excuse.

Battery is distinguished from common assault; common assault is only placing someone in fear of immediate unlawful force, whereas battery involves the actual application of unlawful force.

Battery is a summary only offence which means it can only be heard before a magistrate’s court (unless charged alongside a more serious offence) and there is a time limit within which it must be charged, or a caution issued.

The term ‘beating’ or battery does not mean the force used must be very significant or forceful, and only minimal amounts of physical force can be covered, including throwing water or spitting at someone. The harm caused can also include psychological injury, but it has to amount to a recognisable psychiatric illness, such as depression – simply causing someone fear is not harm for the purposes of ABH, but may amount to a charge of common assault, or threats to kill, if the victim fears that the threat to kill will be carried out.

Typical injuries where battery will be considered are where there are no more than the following injuries caused:

• Grazes;
• Scratches;
• Abrasions;
• Minor bruising;
• Swellings;
• Reddening of the skin;
• Superficial cuts.

Often the police will start by accusing a suspect of ABH, but the matter will be negotiated down to an assault by beating at the police station, or if charged, at court. The police may even sometimes overstate a case, claiming that it is ABH, in order to put pressure on a suspect to accept a caution, or plead guilty, to the lesser charge of assault by beating.

Although it may often be the case that by dropping a charge to the lesser offence of assault by beating, a suspect will have received a more lenient outcome, sometimes by the police holding out the offer of the lower offence, it might result in an unfair or undesirable outcome. We have seen cases where a suspect has admitted to an assault, simply to avoid being charged or cautioned with ABH, where in fact they were innocent. In such cases we have been able to have the caution overturned, and the client’s PNC record expunged.

The usual defence to ABH, or battery, is self-defence. This can be where a suspect has been actually attacked, but also includes pre-emptive self-defence depending on the circumstances.

A frequent issue that arises in assault cases is where a suspect is intoxicated and cannot recall what happened. In such cases the police will usually have a clear advantage during the police station interview, and will often present evidence that they believe supports the fact that the accused committed the offence. We have however seen cases where the police have omitted to provide an arrestee with relevant evidence, or have failed to follow up on enquiries that revealed the person’s innocence. In such cases we will gather together the evidence that shows the client may have been acting in self-defence, despite not recalling some or all of the incident.

Even in cases where the client is not intoxicated, we have seen a number of cases where clients have simply accepted a caution for assault (battery or ABH) where they knew they had been acting in self-defence, but were so terrified of being in the police station, they simply accepted what the police said, in order to be released from the police station as soon as possible.

ABH is a “specified” offence. What this means for someone who has been issued with a caution for ABH, is that the caution will be permanently disclosable on both a standard and enhanced DBS certificate. Namely the caution will be disclosed for the rest of that person’s life, unless it is deleted from the PNC. Furthermore, if you apply for an enhanced DBS check having received a caution for ABH, it is possible you will be referred for barring by the DBS.

Professionals who have received a caution for ABH will often have significant difficulties in securing employment or may face dismissal from their current roles. Typical professions that will have employment or regulatory difficulties if they have been issued with a caution for ABH or assault will be:

• Legal
• Accountancy
• FCA regulated finance
• Health care professionals including doctors, dentists, psychologists and nurses
• Social workers
• Care workers
• Teachers
• Those who work in roles that need Security Clearance or Developed Vetting
• Anyone working in a regulated role with children or vulnerable adults
• People working in the gambling industry
• Court Staff
• SIA regulated security staff

Often clients, where they have received a caution, will also have associated regulatory proceedings with bodies such as the HCPC, the GDC and GMC – we are able to help clients with these proceedings, alongside getting cautions deleted from the Police National Computer.

Many countries have strict requirements when it comes to criminal records, and a caution for ABH will often cause significant difficulties when applying for a visa or citizenship. An ABH caution will be revealed on an ACRO Police certificate for 5 years, and thereafter as an “no live trace” disclosure. See here for details about the significance of a “no live trace” record.

If you have received a caution for ABH, common assault or battery, and are worried about its consequences, then please get in touch.

We have successfully removed hundreds of cautions for our clients over the years, including many assault and ABH records.

Assault occasioning actual bodily harm, commonly known as ABH, is a more serious form of assault, one step higher than common assault and battery, but less serious than GBH and wounding. For information about common assault and battery, please see our Fact Sheet on the topic: Common Assault and Battery: What is a common assault and battery charge?

ABH was made an offence a long time ago, in 1861, under Section 47 of the Offences Against the Person Act. The section in its current form states as follows:

If you are prosecuted and convicted before a court, the maximum sentence you can receive for ABH is 5 years imprisonment. There is also a racially or religiously aggravated form of ABH, that carries a higher maximum sentence of 7 years imprisonment. If the offence is committed against an emergency worker, such as a police officer or ambulance worker, then the Court is required to treat this as an “aggravating factor” and the sentence will be increased. Similarly, if an offence is committed against a person “providing a public service”, again the offence will be aggravated.

Although it is possible to receive a lengthy prison sentence for ABH, it is in fact possible to receive a police caution for ABH. If the injury caused is a bit more serious than battery, but not very serious, then the police may consider a police caution. For details on what facts might lead to a battery charge, rather than ABH, please see here: What is the difference between battery and ABH.

Yes, you can receive a police caution for ABH. Generally, to receive a caution for ABH, rather than being charged and prosecuted at court, the injuries that have been caused will have to be low level, such as minor cutting and/or some bruising, but not excessive bruising.

We have seen cautions being issued for broken or knocked out teeth, but this is very rare – where permanent injuries are caused, or broken bones or serious bruising is inflicted, an ABH or even GBH/wounding charge and prosecution will likely be preferred by the police and CPS, over a caution.

In order for the police to issue a caution for ABH, you must first admit to the allegation, which will mean you will need to accept that you either intentionally or recklessly caused the complainant to sustain unlawful personal violence, and that the assault resulted in actual bodily harm.

The dividing line between ABH and GBH is not always clear, but GBH and wounding injuries are of the most serious nature, whereas ABH injuries will fall between the most serious injuries, and more minor injuries classified as a battery.

ABH injuries can include more serious cuts and bruising, but less than shattered bones, severe internal injuries, and deep penetrating wounds. “Bodily harm” includes any hurt or injury calculated to interfere with the health or comfort of the complainant. Actual injury does not need to be permanent, but must be more than merely “transient or trifling”. It can include a momentary loss of consciousness, but placing someone in a coma, would more likely result in a wounding/GBH charge. ABH can include psychiatric injury, but this must be proven by an expert and excludes simple distress/anguish.

ABH can also be charged were someone creates a set of circumstances knowing that an injury is likely to result – in a notable case, DPP v Santa-Bermudez, the Court found a defendant guilty were a police officer, having been told by a defendant that there was nothing sharp in his pocket, then went on to prick her finger on a needle whilst conducting a search of the defendant’s pockets.

Where something can be reasonably foreseen as the natural consequences of a defendant’s actions, they will be held liable for them. For example, in the case of R v Roberts, the accused had made unwanted sexual advances to the complainant when they were travelling in his car. He told her about his sexual exploits and of how he had used force on women in the past. He then attempted to remove her clothing and the complainant, being terrified, jumped from the moving car resulting in ABH injuries being caused.

As you can receive a lengthy prison sentence for ABH, it is a serious offence. Also, if you receive a caution or conviction for ABH, you will find it very difficult to enter or remain in any form of trusted and regulated profession. Your ABH caution or conviction will be permanently disclosable on an enhanced and standard DBS certificate.

If the police and CPS decide that your case is too serious for a police caution, then you will be charged and brought before a court.

If you are found guilty, the court will then use their sentencing guidelines to determine whether your case is: High Culpability, Medium Culpability or Low Culpability.

A High Culpability case is where there is:

• Significant degree of planning or premeditation
• Victim obviously vulnerable due to age, personal characteristics or circumstances
• Use of a highly dangerous weapon or weapon equivalent
• Strangulation/suffocation/asphyxiation
• Leading role in group activity
• Prolonged/persistent assault

A Low Culpability case is where there is:

• No weapon used
• Excessive self defence
• Impulsive/spontaneous and short-lived assault
• Mental disorder or learning disability, where linked to the commission of the offence

After the Court has determined the level of culpability, the court will then need to determine the level of harm caused. These are again placed into three categories:

• Category 1

Serious physical injury or serious psychological harm and/or substantial impact upon victim

• Category 2

Harm falling between categories 1 and 3

• Category 3

Some level of physical injury or psychological harm with limited impact upon victim

The court will then need to determine a starting point sentence based on the level of harm and culpability, which are set out in the guidelines, and then specify the sentence up or down from that point, within that particular range. So, for cases where the harm is at a category 3 level, and the culpability is low, the starting point sentence is a medium level community order with a range of sentences from a band B fine to 26 weeks’ imprisonment. For a high culpability case, where the harm is in category 1, then the starting point sentence is 2 years 6 months’ imprisonment, with a range of 1 year 6 months’ – 4 years’ imprisonment.

Factors that might increase the seriousness of an ABH case are:

• Previous relevant convictions
• Committing the offence whilst on bail
• Assault based on hostility due to the victims disability, sexual orientation or transgender identity
• Deliberate spitting or coughing
• Offence committed against those working in the public sector or providing a service to the public or against a person coming to the assistance of an emergency worker
• Offence committed in prison (where not taken into account as a statutory aggravating factor)
• Offence committed in a domestic context
• History of violence or abuse towards victim by offender
• Presence of children
• Gratuitous degradation of victim
• Abuse of power and/or position of trust
• Any steps taken to prevent the victim reporting an incident, obtaining assistance and/or from assisting or supporting the prosecution
• Commission of offence whilst under the influence of alcohol/drugs
• Offence committed whilst on licence or subject to post sentence supervision
• Failure to comply with current court orders

Factors that might reduce the seriousness are:

• No previous convictions or no relevant/recent convictions
• Remorse
• Good character and/or exemplary conduct
• Significant degree of provocation
• History of significant violence or abuse towards the offender by the victim
• Age and/or lack of maturity
• Mental disorder or learning disability, where not linked to the commission of the offence
• Sole or primary carer for dependent relative(s)
• Determination and/or demonstration of steps taken to address addiction or offending behaviour
• Serious medical conditions requiring urgent, intensive or long-term treatment

ABH is a specified offence for the purposes of the Sentencing Act 2020, Schedule 18 – this means that for regulated roles where an enhanced or standard DBS check is required a caution or conviction for ABH will be permanently disclosable. If you have received a caution for ABH it may be possible to have this caution deleted from the PNC, depending on the circumstances.

If your caution or conviction is not deleted or overturned, it will remain on the PNC until you reach 100 years of age.

Yes, ABH will come up on a DBS check, but it will depend on the level of check, and what your sentence was. For standard and enhanced DBS checks any caution or conviction for ABH will show up indefinitely.

If you do not work in a regulated sector, and you only need a basic DBS certificate, your record will show up according to the basic DBS check disclosure rules.

The typical defence to an ABH charge will be self-defence. For details about defences to assault generally, including consent, child chastisement, and assaulting a trespasser, see here: General Defences to Assault.

If you have been issued with a police caution for ABH, common assault, battery, or any other offence, we can help you.

We have had hundreds of cautions removed over the years, including for ABH.

We will be able to provide you with expert representation, at an affordable fixed fee.

If you would like an initial conversation with our friendly and approachable office manager Myriam, then please get in touch.

If you have ever been involved in a minor criminal offence, such as shoplifting, assault, public order issues, criminal damage, or drug possession, you may have been offered an out of court disposal (OOCD) by the police. An OOCD is a way of dealing with low-level offending without going to court, which can save time and money for both the police and the offender. However, the government concluded that the current OOCD system was complex and inconsistent, with six different types of disposals available, such as community resolutions, penalty notices for disorder (PNDs), and conditional cautions. This was claimed to have caused confusion and variation in how different police forces use them and how they affect someone’s criminal record.

To address these alleged issues, the government has introduced a new statutory two-tier framework of OOCDs, which will replace the existing ones. The new framework consists of two types of cautions: the Diversionary Caution and the Community Caution. These cautions are in reality very similar to the existing simple and conditional caution framework, but with some differences, which in practice, may not make them very different to the old conditional and simple police caution system.

The new framework aims to simplify and standardise the OOCD system, to ensure that low-level offenders are dealt with in a consistent and proportionate way across the country. It also aims to provide more opportunities for offenders to address the underlying causes of their offending behaviour and to make amends to their victims and communities.

We will look at some of the key differences and similarities between the old simple and conditional caution system, and the new Diversionary and Community Cautions.

It should be noted that the Diversionary and Community Cautions regime has not yet been implemented, and will come into force when the government passes regulations bringing the scheme into action. Up until the new regime comes into effect, the police will continue to issue simple and conditional cautions, and PNDs.

No, your simple or conditional caution, including both adult and youth cautions, will remain on the PNC until you reach 100 years of age, unless you get it deleted.

The Diversionary Caution is the upper-tier disposal, which can be used for any offence, except for “excluded offences”, unless approved by an officer of at least Inspector rank. There is a full list of excluded offences but generally they relate to the following offences:

• Offensive weapon and bladed article offences
• Carrying a firearm in a public place
• Child cruelty
• Sexual offences against children (including those relating to child prostitution and pornography)
• Sex-trafficking offences
• Indecent and pornographic images of children
• Importing, exporting, producing, supplying and possession with intent to supply to another Class A drugs

The Diversionary Caution requires the individual to accept responsibility for the offence and to comply with certain conditions attached to the caution. These conditions may include paying compensation to the victim, attending a rehabilitation programme, or doing unpaid work. If the person fails to comply with the conditions, they can be prosecuted for the original offence. The upper-tier Diversionary Caution is intended for more serious offences, but where the police believe the public interest can best be served through prosecuting breaches of conditions, rather than going straight to court. If the conditions are broken the police have a power of arrest and detention.

The Community Caution is the lower-tier disposal, which will be used for less serious offences and cannot be given for “indictable only” offences, or offences that are “excluded” offences. It also requires the offender to accept responsibility for the offence and to comply with certain conditions attached to the caution. These conditions may include apologising to the victim, repairing the damage caused, or participating in an educational activity. If the offender fails to comply with the conditions, they can be issued with an increased financial penalty, up to £150, which can be enforced by the court. The main difference with the community resolution and the diversionary caution is that the community caution is a “case ending disposal”, as once it has been issued, there will be no subsequent prosecution at court for the original offence, even if the conditions are not complied with – the most the police can do is enforce the fine. There is no power of arrest for non-compliance with the conditions.

The government guidelines highlight that the key difference between the Diversionary and Community Caution is the consequences for breaching conditions. Generally if the police think that the person doesn’t merit the possibility of prosecution, due to the nature of the case, then a Community Caution will be issued, but where the case is more serious, a Diversionary Caution will be issued.

Although the stated aim of the Diversionary or Community Caution regime is to reduce the police’s OOCD options to two, the draft guidelines states that Community Resolutions will continue to exist.

Community Resolutions are issued for low level incidents, including neighbour disputes and low antisocial behaviour, and generally speaking, are not recorded on the PNC, meaning they will not automatically trigger a disclosure on a DBS check – although they can still be revealed on an enhanced DBS certificate.

The draft Diversionary and Community Caution guidelines states that the police should ask themselves the following questions to decide if a Community Resolution is more suitable than a Diversionary or Community Caution for a minor offence:

1.  Would a Community Resolution adequately address the behaviour?
2.  Is it in the public interest to enforce the matter with a Community Resolution?
3.  If applicable, does it meet the needs and wishes of the victim?
4. If the recipient does not comply with any or all conditions, is it acceptable that no enforceable action could be taken?

If the answer is yes, and the case is in line with the current Community Resolutions Guidelines, then a Community Resolution should be issued instead of a Diversionary or Community Caution.

Before a Diversionary or Community Caution can be issued, the police must first determine whether a suspect is eligible.

The key criteria are that:

• There is sufficient evidence to support a prosecution, and that the public interest would be better served via a Diversionary or Community Caution.
• That the individual admits the having committed the offence.
• The individual consents to being given a caution, and understands all the implications that accompany it (including the fact that it will be recorded on the PNC), and the fact that failure to comply with any of the conditions may, in the case of a Diversionary Caution, result in prosecution, or in the case of a Community Caution, subsequently result in a financial penalty.
• A form must be signed acknowledging guilt, and accepting the consequences and conditions of the caution.

Diversionary cautions can be issued for cases that are defined buy the police as including, domestic abuse.

The definition of “domestic abuse” is defined in the Domestic Abuse Act 2021. In general terms it entails abuse of a person over the age of 16, where they are “personally connected”, and may consist of behaviour including:

• Physical or sexual abuse
• Violent or threatening behaviour
• Controlling or coercive behaviour
• Economic abuse
• Psychological, emotional, or other abuse

Specifically tailored conditions will be implemented for cases of domestic abuse that must include rehabilitative elements, including principles and processes of motivational interviewing, peer support, peer challenge, victim focus, offender focus, rapport, non-shaming, listening, and questioning.

Along with the need for there to be:

• Sufficient evidence to support a Diversionary or Community Caution.
• An admission to the offence.
• Consent to the caution.
• The caution must be in the public interest.

The suspect must also always be offered the opportunity to receive free and independent legal advice. This applies even if a person has not been arrested and detained, and covers people who have attended on a voluntary basis at a police station, or someone who has been questioned outside a police station, such as at a person’s home, or at a music concert or festival. Typically cautions should usually be issued at a police station, or some other official location. This is in contrast to a Community Resolution, which are often issued at a suspect’s home.

Before a caution can be issued, the views of the victim have to be considered by the police. The victim, or victims’, views have to be taken into account when assessing the public interest in issuing a caution. The victim’s views also have to be considered when the police come to impose the particular conditions attached to the caution.

Even though a victim’s input is important in the caution process, a caution can still be issued against the views of a victim. This is often the case in domestic incidents, where victims, after the initial call to the police is made, do not want any action to be taken against their partner. The police will often ignore pleas by victims for cases to be dropped, and issue cautions against the victim’s express wishes. Sometimes the police may play down the impact of the caution to a victim, so that they agree to provide a statement, and support the caution, only to subsequently realise that the caution will have a significant impact on their partner.

It is possible for someone to receive a caution even after they have been charged. Representations can be made to a prosecutor to refer the matter back to the police for a caution to be issued. If the caution that is issued is a Diversionary caution, if the conditions are broken, the matter can then be sent back to court for prosecution.

A financial penalty can be attached to both a Diversionary or Community Caution, and that can be the only condition attached.

Conditions attached need to be appropriate to the case and individual, and a needs assessment may be undertaken to ensure rehabilitative conditions are relevant to the particular person.

Examples of conditions that can be attached are:

• An unpaid work condition – To carry out specified work for a maximum period of 20 hours for a Diversionary Caution or 10 hours for a Community Caution.
• Attendance condition – Requiring the offender to attend a specified place for a specified purpose (e.g., attending a drug or alcohol service), and for a specified number of hours. Where an attendance condition requires attendance at education or training, or receive any other service, the individual can be required to pay for this service.
• Reparative conditions – To repair (either directly or indirectly) any damage caused including reparative activity within a community, compensatory payment to an individual victim, business, or community, or financial compensation to a charitable or community fund. Compensation can also be made in respect of personal injury.
• An Apology – either in person or writing.
• Restrictive condition – not to meet or communicate with specified individuals; not to be in, or go to, specified addresses, places, or areas in the United Kingdom; not to carry out or participate in specified activities; not to engage in specified conduct.

For Domestic Abuse Diversionary cautions, there are detailed guidelines about the conditions that should be imposed

The time period for conditions to be complied with is a maximum of 20 weeks, but most conditions should be completed within 16 weeks.

Different time limits may apply; namely time limits may be made shorter where the police may need to prosecute a summary only offence, in the case of a Diversionary Caution. The police will need to make sure that the 6-month time limit to issue court proceedings for summary only offences is not exceeded prior to the completion of the conditions, in order to preserve the police’s ability to prosecute, in the event of a breach.

The rules related to the disclosure and retention of Diversionary and Community Cautions are essentially identical to those that relate to Conditional and Simple Police Cautions.

Both Diversionary and Community Cautions will be recorded on the PNC, which will mean they will be retained, unless deleted, until a suspect is 100 years old.

A Diversionary caution will be spent three months after it is issued, or earlier of the conditions come to an end sooner. A Community Caution will be spent immediately. Once a caution is spent it will not show on a basic DBS check.

For Standard and Enhanced checks, a caution will typically be disclosed for 6 years, after which it becomes protected. If the caution is for a “specified offence”, such as child cruelty, ABH, or sexual assault, then it will be permanently disclosable. Also all cautions can continue to be disclosed on a discretionary basis after 6 years on an enhanced DBS certificate.

At present we do not know the final form Diversionary or Community Cautions will take, but it seems that the rules and procedures are similar to the rules and procedures related to conditional and simple cautions – including the disclosure and retention rules.

In practice Conditional cautions appear to be very similar to the new Diversionary Caution; conditional cautions were always subject to the possibility of prosecution if the conditions were not complied with, and cautions for serious offences, were only ever issued after consultation with a senior officer. Simple Cautions never formally required the payment of a fine, like the new Community Caution, so that is a new development, but we have had cases in the past (admittedly rarely) were the police have asked clients to pay a fine or compensation alongside a Simple Caution. Penalty Notices for Disorder (PNDs) have always required the payment of a fine. Removing the option of a PND will actually mean that more people will end up with a disclosable record, as PNDs were never automatically disclosable on a standard or an enhanced DBS certificate, whereas Community Cautions will be disclosable.

For the time being simple and conditional cautions will continue to be issued, and we will continue to help our clients to have these cautions removed from the PNC. When the new Diversionary or Community Cautions come into effect, we will also help those clients to have their records deleted from the PNC.

If you have ever been arrested, cautioned, warned, or issued with a penalty notice by the police, you may be wondering if this will affect your ability to travel or immigrate to another country. The answer to this question depends on several factors, such as the type and severity of the offence, the outcome and date of the caution, the country you are applying to, and the type and duration of the visa. In this article, we will explore how a police caution may affect a visa and citizenship applications to two popular destinations: the USA and China.

A police caution is a formal warning given by the police to a person who admits to committing a criminal offence. It is not technically a criminal conviction, but it carries many of the hallmarks of a conviction, and it is recorded on a person’s criminal record, and can be disclosed to certain authorities and organisations. A police caution can have various consequences for a person’s future, especially if they want to travel or emigrate to another country.

Different countries have different rules and regulations regarding the admission of foreign nationals who have a criminal record, including a police caution. Some countries may require the person to disclose any cautions they have received, regardless of the type or age of the offence. Some countries may only require the person to disclose cautions for certain offences, such as drugs or violence, or cautions that are recent. Some countries may not require the person to disclose any cautions at all.

Depending on the country and the type of visa or citizenship application, having a police caution may result in various outcomes, such as:

• The person may be denied entry or refused a visa or citizenship on grounds of criminality or inadmissibility. This means that the person is considered unfit or undesirable to enter or stay in the country because of their criminal record.

• The person may be granted entry or a visa or citizenship with conditions or restrictions. This means that the person is allowed to enter or stay in the country for a limited time or purpose, and may have to comply with certain rules or obligations, such as reporting to the authorities, paying a fee, or undergoing medical tests.

• The person may be granted entry or a visa or citizenship without conditions or restrictions. This means that the person is allowed to enter or stay in the country without any limitations or requirements, and may enjoy the same rights and benefits as other visitors or residents.

The decision to grant or deny entry, or a visa, or citizenship to a person with a police caution is usually made by the immigration authorities of the country, based on their own laws and policies. However, the person may be able to influence this decision by providing evidence and explanations of their caution and demonstrating why they should be allowed to enter or stay in the country.

It is also possible to have a caution deleted in certain cases, so that an individual does not need to reveal the incident to immigration authorities. We have helped many clients over the years to have their cautions removed from the Police National Computer (PNC) so that their ACRO Police Certificates state “no trace”.

The USA has strict rules regarding the admission of foreign nationals who have a criminal record. The US Electronic System for Travel Authorization (ESTA), which is required for visa-free travel under the Visa Waiver Program (VWP), asks applicants to disclose any arrests or convictions related to “serious damage to property, or serious harm to another person or government authority” or any drug-related offences. Answering yes to these questions may result in the denial of an ESTA, and the need to apply for a formal visa at the US embassy.

However, even if you answer no to these questions, you may still be denied entry or be banned from the US if US Customs officials find evidence of your criminal record on their databases, on your phone, social media, or in your luggage. Generally under the Fourth Amendment of the US Constitution, people in America are protected from unreasonable search and seizure – but US Customs and Border Protection (CBP) can search anyone within 100 miles of an American national line without a warrant, which covers a lot of people, potentially hundreds of millions. Recently this rule has been challenged, but for now if you are traveling to the US, you run the risk of having your phone searched. If evidence is found, such as messages discussing drug use, you will most likely be banned from travelling to the US for a minimum of ten years, and deported.

For ESTAs, US law requires that you declare any cautions if they are related to drugs or serious violence to property or people, as these are considered serious offences by the US authorities. However the US can not actually see onto the UK PNC, which is the register of where criminal records are kept, and so typically (although they can ask UK authorities if there is a suspicion) the US will not be able to see your criminal record, if you are travelling on an ESTA – this will not be the case if you need an ACRO Police Certificate, which will directly or indirectly reveal your caution.

If you have a caution and need to apply for a formal visa, such as a tourist, student, or work visa, or citizenship you will need to disclose it, regardless of the age of the caution or what the offence was – which will need to be verified via an ACRO Police Certificate. Depending on the nature and circumstances of your caution, you may be deemed ineligible for a visa on grounds of criminality or inadmissibility. However, you may be able to apply for a waiver of ineligibility if you can demonstrate that your caution was minor, isolated, or occurred a long time ago, and that you do not pose a threat to US security or public welfare.

Alternatively, if you do not want to go through complex, uncertain and often costly waiver proceedings, you can get your caution deleted. We have helped many clients have cautions and arrest records removed.

China also has strict rules regarding the admission of foreign nationals who have a criminal record. If you have a caution for any offence, you may be denied entry to China or refused a visa such as a tourist, student, or work visa. China does not have a clear definition of what constitutes a criminal record or how it affects visa eligibility, but it generally adopts a zero-tolerance policy towards any criminal history.

If you have a caution for a minor offence, that is not considered serious or violent in China, such as traffic violations or public order offences, you may be able to enter China or obtain a visa. This also applies if you have only one caution for an offence that occurred a long time ago, and did not result in any imprisonment or deportation.

There are very strict penalties for drug offences in China, including the death penalty. The Chinese authorities can undertake random drug testing on foreign nationals. If you test positive, you can be prosecuted regardless of where and when you consumed the drugs. If you do disclose a criminal record related to drugs on a Chinese visa application, China is very likely to refuse your application, regardless as to how old the caution is.

If you have a caution that may affect your entry to China or your visa application, you may be able to overcome this barrier by providing evidence of your caution, providing it is minor, and explaining why it should not prevent you from travelling or staying in China. You will also need to show that you have no other criminal records and that you have good reasons and intentions to visit or live in China. You may also need to obtain a letter of no objection from your local Chinese embassy or consulate before travelling or applying for a visa.

Having a caution may affect your eligibility for citizenship in China if it shows that you are not of good moral quality, which is one of the requirements for naturalization. However, this will depend on the type and date of your caution.

To avoid the uncertainty involved in Chinese immigration procedures, you can get your police caution deleted from the PNC. We have had many cautions removed for clients who have needed to travel to or remain in China. We have successfully had cautions removed so that our clients’ ACRO Police Certificates become completely clear, stating “no trace”.

Having a police caution can affect your visa and citizenship application, particularly if the caution is related to drugs or violence.

If you need professional help with deleting your police caution or arrest record in relation to a visa or citizenship application to China or the USA, contact us today and let us help you achieve your goals. As with the USA or China, a criminal record can impact travel and work visas to other countries. For example, a police caution can also cause serious issues for residency and work visas to Saudi Arabia.

We will provide you clear and honest advice on your prospects of success, during an initial fixed fee consultation. If we believe you have a chance of successfully having your caution or arrest record removed, all our fees are fixed, so you will know exactly how much you will need to pay in advance, with no surprises.

In addition to having extensive success in having records deleted from the PNC, we work alongside immigration attorneys, and in particular work with a network of specialist immigration lawyers based in the US.

Since our last update, we have had hundreds of police cautions and arrest records deleted from the PNC.

We have now had over 350 arrest records and cautions removed from the PNC, from over a decade of cases.

We have had cautions removed in respect of any conceivable offence you can think off, ranging from low level assaults and drug possession, all the way to arson and sexual assault, and everything in between.

We believe we are the legal practice with the most experience of successfully deleting records from the PNC. Given our years of experience, we are in the best position to advise you on your prospects of successfully having a police caution removed from the PNC.

We are often asked which police forces we have successfully persuaded to removed PNC records. Below is a list of all the forces where we have successfully had records removed:

• The Metropolitan police
• Northumbria Police
• West Yorkshire Police
• British Transport police (BTP)
• Dorset police
• Hampshire police
• Avon and Somerset police
• Dyfed-Powys Police
• Warwickshire police
• Hertfordshire police
• Leicestershire Constabulary
• Devon and Cornwall police
• Cleveland police
• Humberside police
• Norfolk police
• Sussex police
• North Yorkshire police
• Gloucestershire Constabulary
• Durham police
• North Wales police
• Lancashire police
• Derbyshire police
• West Mercia police
• South Yorkshire police
• West Midlands police
• Lincolnshire police
• Bedfordshire police
• Nottinghamshire police
• Thames Valley police
• Staffordshire police
• Cheshire police
• Greater Manchester police
• Lincolnshire police
• Merseyside police
• Essex police
• Wiltshire police
• Surrey police
• Kent police
• Cambridgeshire police
• The City of London police
• Port of Dover Police

Along with successfully persuading police forces to remove PNC records, we also have considerable success of applying for the deletion of overseas convictions from the PNC.

Through our work in this area, ACRO changed their policy with respect to the deletion of overseas records. We noticed that EU regulations were being wrongly implemented by ACRO with respect to criminal records that had been transferred from European countries to the UK PNC. After we appealed to ACRO, pointing out the error, their policy was changed allowing for the deletion of certain European criminal records. Please get in touch if you have a criminal record that was transferred from overseas onto the UK PNC. We may be able to help you have this record removed.

If you are unsure whether your caution will impact your employment, you can try our police caution calculator.

The calculator will tell you how long your caution will be disclosed on a DBS Certificate.

Unless your caution is deleted, it will remain on the PNC until you reach 100 years. This means that even if a caution is not disclosed on a DBS certificate, it can still cause difficulty with respect to travel and immigration.

A caution will be revealed either directly or indirectly on an ACRO Police Certificate; a Police Certificate will typically be requested by an overseas jurisdiction when processing a visa or citizenship application.

Please get in touch today to discuss your case. Our office manager Myriam will be happy to field your initial enquiry, and if she believes we can help, an initial consultation can be arranged with our expert solicitor Matthew Elkins.

During your initial consultation Mr Elkins will be able to provide you with a detailed advice on your prospects of successfully having your caution or arrest record removed, based on his extensive experience that has been built over years, and hundreds of cases.

We charge reasonable fixed fees for all our services.

If you have ever been arrested, cautioned, convicted, warned, issued with a penalty notice, or simply questioned by the police, you may have a local police record that could affect your future opportunities. Local police records are different from national police records, which are held on the Police National Computer (PNC). Local police records are held by individual police forces, which can be transfer to the Police National Database (PND), and contain information that is not recorded on the PNC, such as intelligence reports, occurrence summaries, and custody records.

Local police records can be disclosed via an enhanced DBS certificate to employers, educational institutions, immigration authorities, and other organisations that conduct background checks on you. This could have a negative impact on your chances of getting a job, a visa, a scholarship, or a licence. Local police records can also be used by the police to make decisions about your involvement in future investigations or proceedings.

If you want to delete your local police records, you need to apply to the relevant police force and request them to do so. However, this is often not a straightforward process and there are many factors that the police will consider before deciding whether to grant your request or not. The police will follow Guidelines that set out the principles and standards for the review, retention, and disposal of policing information and records.

According to the police Guidelines the police will only delete your local records if they are satisfied that:

• The local police records are no longer necessary for any policing purpose. This means that the records do not serve any of the following purposes: protecting life and property; preserving order; preventing the commission of offences; bringing offenders to justice; and any duty or responsibility arising from common or statute law.

• The retention of the records is not proportionate to the legitimate aim pursued. This means that the records are not relevant, adequate, or excessive in relation to the purpose for which they are held, and that there is no less intrusive way of achieving that purpose.

• The retention of the records is not in accordance with the law. This means that the records are not compliant with the legal obligations and rights arising from domestic and international law, such as the Data Protection Act 2018, the Human Rights Act 1998, and the European Convention on Human Rights.

The police will also take into account other factors, such as:

• The nature and seriousness of the offence or incident that led to the creation of the record.

• The outcome of the investigation or proceeding that followed the record.

• The age and vulnerability of the person at the time of the record.

• The impact of the record on the person’s personal and professional life.

• The risk of harm or reoffending posed by the person.

• The public interest in retaining or deleting the record.

Local police records are also subject to regular reviews, which are triggered by certain events or time periods. The purpose of these reviews is to determine whether the records are still necessary and proportionate for any policing purpose, and whether they should be retained or disposed of. The reviews are carried out by the police force that holds the records, in accordance with the Police Guidelines.

The frequency and timing of the reviews depend on various factors, such as:

• The type and category of the record. For example, records relating to serious offences, public protection issues, or vulnerable people may require longer retention periods and more frequent reviews than records relating to minor offences, low-risk individuals, or general intelligence.

• The outcome and status of the investigation or proceeding that followed the record. For example, records relating to convicted offenders, ongoing cases, or unresolved matters may require longer retention periods and more frequent reviews than records relating to acquitted persons, closed cases, or resolved matters.

• The age and circumstances of the person at the time of the record. For example, records relating to children, young people, or mentally disordered persons may require shorter retention periods and more frequent reviews than records relating to adults or mentally competent persons.

• The impact and risk of the record on the person’s rights and interests. For example, records that have a negative effect on the person’s employment, education, immigration, or reputation may require shorter retention periods and more frequent reviews than records that have no or minimal impact on the person’s life.

The police will review each case individually and make a decision based on all the available evidence. They will inform you of their decision in writing and explain their reasons. If they refuse to delete your record, you can challenge their decision by making a complaint to the police force or by applying for a judicial review in court.

Once a review request is submitted to the police force concerned, they will review your request and decide whether it is necessary and proportionate to keep your records or not. They will consider all the factors mentioned above, as well as any other relevant information. They will inform you of their decision in writing and explain their reasons.

If you are not satisfied with their decision, you can challenge it by making a complaint to the police force or by applying for a judicial review in court. However, these options can be costly, time-consuming, and stressful. That is why you may need expert legal advice and representation that specialises in deleting local police records. We have extensive experience in applying for the deletion of police records; we specialise exclusively in helping clients have police records removed from the PNC , local records and DBS certificates.

We will assess your case and advise you on the best course of action. We will draft and submit your application to the police force and liaise with them on your behalf. We will also challenge any negative decision and pursue your case until you get a satisfactory outcome.

We have helped many clients successfully delete their local police records and move on with their lives. We have a proven track record of achieving positive results for our clients in a fast and efficient manner. We offer a fixed fee service with no hidden costs, and we will provide you with a comprehensive and frank advice during an initial consultation.

If you want to delete your local police records, contact us today and let us help you clear your name. Don’t let your past hold you back – get in touch with us now and start your journey towards a brighter future.