Police Caution Removal and Lawyers

Police Caution Removal

If you are solicitor, barrister, legal executive, paralegal a trainee/pupil then you will know that having a police caution on your record may hold you back in your career.

Police Cautions and the Law

You might think that because you are a lawyer or hope to be a lawyer, that you would know how to handle your self competently if you were to be arrested and interviewed at the police station. This may be true for some lawyers; perhaps those who already have experience of dealing with the criminal justice system. However for the vast amount of lawyers, being arrested and detained at the police station is just as intimidating and unpleasant an experience as it is for those without a legal background.

I have represented numerous professional clients, including solicitors and barristers, looking to remove an unfairly issued police caution.

My previous clients with a legal background, although legally trained and qualified recognised that they needed an independent expert lawyer to help them fight their corner to get their police caution removed.

The most appropriate adage when it comes to self representation, and this I believe applies to both lawyers and non-qualified clients, is:

You can’t see the picture if you are inside the frame

Also the old, much repeated saying,  is also very appropriate when it comes to requesting police caution removal:

A man who is his own lawyer has a fool for his client

Although it is perfectly possible for an individual, either lay or professionally qualified, to be able to adequately make submissions to have their police caution removed on their own behalf. I believe that when it comes to police caution removal it is important that you seek professional advice before attempting action against the police. I have had a number of clients come to me after attempting themselves to remove their police caution. I have found in these situations, where an adverse decision has already been made, that it makes it far harder to remove the police caution.

How long does a Police Caution last?

Cautions remain on a standard Disclosure and Barring Service (DBS – formerly the CRB) check for 6 years. You will need to disclose the police caution to the SRA and/or the Bar Standards Board and your future or current employers will usually need to be notified.

If you are working with children or vulnerable people, and need an enhanced  (DBS) check, the police caution may potentially show up on an enhanced check for much longer than 6 years.

Is it possible to Remove a Police Caution?

The simple answer to this is yes you can remove a police caution from your criminal record. The facts of your case will need to be explored; what was said and done to you, what you did and how you responded to the allegations.

The police are required to follow a defined procedure at the police station when it comes to police cautions – if they have not properly followed this procedure, it may be the case that your police caution was unfairly and improperly issued.

Police Caution Removal

I am a qualified solicitor and I have extensive experience of applying for the removal of police cautions from the police computer.

I have had numerous successful cases where I have had police cautions removed so my clients’ DBS checks are clear. My clients have ranged from police officers, lawyers and bankers to teachers, social workers, doctors, dentists, carers and other respected professionals. I have clients who have been in senior positions of responsibility and who stand to lose a great deal due to having received a police caution.

I am also able to assist in applying for information disclosed on DBS certificates to be removed – if you feel information has been unfairly disclosed you have the right to dispute its disclosure.

I recently co-authored a journal paper on the reform of the police cautioning procedure in the Criminal Law Review (the leading criminal law journal – see here for the abstract of the paper: “Suggestions for Reform to the Simple Cautioning procedure”). I also recently wrote the UK Westlaw Insight on Police Cautions – Westlaw Insights are written “by experts in the field including leading solicitors, barristers and academics – all overseen by Parliamentary Counsel.”

I offer a reasonable fixed fee for police caution removal and DBS certificate disclosure disputes – please get in touch if you feel you have been unfairly given a caution and would like it removed.