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Common Assault and Battery: What is a Common Assault and Battery Charge?

Matt Elkins — Sat, 04 Nov 2023 22:55:36 +0000

There are four main categories of assault offences, excluding the most serious of violence related offences: murder and manslaughter. These are:

common assault and battery
assault occasioning actual bodily harm (ABH)
unlawful wounding or inflicting grievous bodily harm (GBH)
Wounding or causing grievous bodily harm (GBH) with intent.

In this article we will look at the offences of common assault, and also battery, the lowest level forms of assault.

Is common assault the same as battery?

Common assault is not the same battery, but is similar. Common assault and battery are actually two separate offences that are punishable under s.39 of the Criminal Justice Act 1988.

An “assault” is conduct which, either intentionally or recklessly, causes another person to fear immediate and unlawful violence. The assault also becomes a “battery” when the accused also intentionally or recklessly applies unlawful force to the complainant.

Does common assault include battery?

So, an assault can be, for example, simply shouting loudly at a person that you will hit them, a battery occurs when a person is actually hit.

The force used can be minimal and does not require the complainant to suffer any injury. Typically, battery injuries will be very minor, such as grazing or mild redding/bruising – if there is more serious bruising or cutting, the police will typically prefer an ABH charge. Any unlawful violence however slight means the offence is complete if the other ingredients are present. A “hostile intent” is required to commit the offence.

Is common assault worse than battery?

Common Assault is not worse than battery, common assault is in fact a less serious offence than battery. Confusingly the police will often issue police cautions for “common assault” when actually they mean “battery”. Where the facts also allege a physical application of force, even if the charge is listed as “common assault”, the Court has determined that a charge of common assault is simply a general description which incorporates the more specific battery, or “assault by beating”.

Further confusing the matter is when a “battery” case is charged, it will usually be listed as a “assault by beating”.

The main point to remember when considering a common assault/battery case is if there is no actual application of force, it is a simple “assault” or “common assault” case, which is generally considered to be the lowest level of assault. If there is an application of force, then it will be a battery – which is usually referred to as an “assault by beating”, which is the slightly more serious form of assault.

Common Assault and Battery and Recklessness

Common assault and battery can be committed recklessly. A reckless assault requires the foresight of the apprehension that immediate and unlawful violence may be used, and the defendant taking the risk. This means that an accused has to act in a certain way, that although they may not have deliberately intended to cause fear to the other person, they were aware that their actions might cause a fear.

A reckless battery requires the foresight of the possibility that a complainant will be subjected to immediate and unlawful violence. This means the accused may not have deliberately applied force to the complainant, but they must have been aware that by their actions there was a possibility that the complainant would be subject to some physical violence. The violence does not need to be significant, and can be minor, but as soon as the accused takes on the risk, and causes the application of force, a battery is made out.

Hostile Intent and Assault and Battery

There needs to be some “hostile intent” to the physical contact, so if someone bumps into another person while on the train or walking down the road, this will not be an assault, as there is no hostile intent. Everyday touching, knocking or bumping against somebody, or touching them to get their attention are considered acceptable standards of conduct.

What are the points to prove for battery?

The points to prove for battery, in order that the police or CPS can prove their case, is that there must be an intentional or reckless application of force.

A battery can be committed if the accused uses an implement or weapon to strike the complainant. Also, the use of unlawful violence, however slight, can still amount to battery, but as already mentioned, the law protects people within the bounds of general acceptable standards of behaviour.

Whether touching becomes an assault is a question of fact. Deliberate and persistent touching can become an assault if it goes beyond what is considered a generally acceptable level of conduct.

What is the difference between battery and ABH?

The difference between battery and ABH is essentially that the level of injury for ABH is more serious than for battery. Often the issue in a battery case is whether the injuries that have been sustained should be considered an ABH, or just a battery. An ABH charge carries much more serious implications, including a permanently disclosable record on a standard and enhanced DBS certificate. Those being offered a police caution for ABH should therefore be very careful before accepting it, and should always try to negotiate the lesser charge of battery if possible.

The CPS states that unless there are aggravating features, a battery should be preferred where injuries amount to no more than: grazes; scratches; abrasions; minor bruising; swellings; reddening of the skin; or superficial cuts. If there are repeated assaults, punching, kicking, or headbutting (as opposed to pushing and slapping), and/or where a weapon is used, or there is a vulnerable victim, then an ABH charge would typically be the outcome, provided that the injuries are more significant, such as more than minor bruising, or more than superficial cuts.

Points to Prove and Common Assault

With a common assault, even if the accused swings at the complainant but misses, an assault can still be committed – as they would have placed the complainant in fear of immediate unlawful violence. An assault can be committed by words alone if the complainant fears that violence will be used against them.

Will I go to jail for common assault?

For a first-time low-level incident of common assault or battery, this will not typically result in a prison sentence.

In most cases of assault, both common assault and also battery, for a first-time arrestee, where the harm is minimal and the arrestee has never been in trouble before, the police will often issue a police caution.

Can you get a caution for battery or assault?

Yes, you can get a caution for common assault or battery (assault by beating), it is in fact a usual occurrence for the police to issue a caution for common assault or battery.

For details about police cautions, and their impact, see here – we have helped many clients have assault police cautions deleted.

What is the penalty for assault and battery in the UK?

The maximum prison sentence for a non-aggravated common assault or battery is 6 months imprisonment, and/or an unlimited fine.

In practice on conviction at court for common assault or battery, the sentence will often be a conditional discharge and/or a fine, or a lower level prison sentence or community order, which will often be suspended.

If the facts are a bit more serious, or aggravated, then a prison sentence may become a possibility.

When determining the most appropriate sentence for common assault and battery the court has to establish what category of seriousness the offence belongs to.

In order to determine the category, the court must assess the culpability and harm. There are three categories of harm.

Category 1: Offences causing more than minor physical or psychological harm/distress.
Category 2: Offences causing minor physical or psychological harm/distress.
Category 3: Where no, or a very low level, of physical harm and/or distress was caused.

In assessing the level of harm the 2021 Sentencing Guidelines say the following factors should be given consideration:

the number of injuries;
the severity of injury and pain suffered;
the duration or longevity of any psychological harm or distress caused.

Culpability is categorised as:

A – High culpability;
or B – Lesser culpability.

Factors under High Culpability include:

Intention to cause fear of serious harm, including disease transmission
Victim obviously vulnerable due to age, personal characteristics or circumstances
Prolonged/ persistent assault
Use of substantial force
Strangulation/ suffocation/ asphyxiation
Threatened or actual use of weapon or weapon equivalent
Leading role in group activity

Factors indicating Lesser Culpability include:

Lesser role in group activity
Mental disorder or learning disability, where linked to the commission of the offence
Excessive self defence
All other cases not captured by category A factors

The Sentencing Guidelines say that the level of culpability is determined by weighing all the factors of the case, and where there are characteristics which fall under different levels of culpability, the court should balance these to reach a fair assessment of the offender’s culpability.

The court will then need to determine the category level of harm, 1, 2 or 3 and then determine where there culpability is lesser or higher. The Guidelines provides “starting point” sentences, that can be reduced or increased depending on the circumstances. The lowest level starting point for offences with the lowest levels of harm and culpability is a fine, with a range of sentence from a discharge up to a low-level community order. A starting point sentence for the highest levels of harm and culpability is a high-level community order, with a range of sentence from a low-level community order up to 26 weeks in prison.

Factors that might make it more likely that you would receive a prison sentence for assault or common assault are the following:

Deliberate spitting or coughing
Biting
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
Presence of children
Offence committed in a domestic context
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 will likely reduce a sentence are the following:

No previous convictions or no relevant/recent convictions
Remorse
Good character and/or exemplary conduct
Significant degree of provocation
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

What are the aggravated forms of Common Assault and Battery?

There are two forms of aggravated Common Assault and Battery. If the offence is racially or religiously aggravated, then the maximum sentence is increased to two years’ imprisonment under section 29 of the Crime and Disorder Act 1998.

If the assault is committed against an emergency worker, there is a maximum sentence of one year’s imprisonment under section 1 of the Assaults on Emergency Workers (Offences) Act 2018.

In addition to these two aggravated forms of common assault and battery, since 28^th June 2022 where an offence of common assault or battery is committed against a person providing a public service, performing a public duty or providing services to the public, a court must treat that as an aggravating factor when it comes to sentencing. Other statutory aggravating features will be having a previous similar conviction, committing an offence while on bail, and if the offence was motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: disability, sexual orientation or transgender identity.

Is smacking a child common assault?

In England a parent or guardian will not be guilty of assault or battery if the force used against a child amounts to no more than that required for the lawful chastisement of a child. What is “reasonable chastisement” will depend on the circumstances and the defence of lawful chastisement is not available for offences of ABH, maliciously wounding or inflicting bodily harm, or maliciously wounding or inflicting bodily harm with intent.

Can you smack a child in Scotland or Wales?

In Scotland and Wales it is always unlawful to use any form of physical punishment against a child. The law in Scotland changed from 7^th November 2020 under the Children (Equal Protection from Assault) (Scotland) Act 2019. The Act removed the defence of reasonable chastisement for common assault and battery. Under the Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 all types of physical punishment, such as smacking, hitting, slapping and shaking, were made illegal from 21 March 2022.

Does self-defence count as assault?

Defending your property or self-defence provides a defence to assault and battery, so long as the use of force used was reasonable in the circumstances. Excessive use of force will amount to a battery.

Can you assault a trespasser?

Reasonable force may be used in defence of property, which includes an entitlement to prevent a trespasser from entering, but the owner of the property must first request the trespasser to leave, before using only as much force as is necessary to remove the trespasser.

There is no specific definition of ‘reasonable force’ – it will depend on the circumstances. If you exceed what is reasonable, for example you disproportionately and excessively injure a trespasser, you may still be arrested, cautioned or charged with battery, or a more serious offence, depending on the injuries.

In the circumstances where you are defending your home from intruders, namely burglars, the law does permit the use of disproportionate force. If you are acting in extreme circumstances in the heat of the moment and don’t have a chance to think about exactly how much force would be necessary to repel an intruder, a certain level of force might seem reasonable to you at the time, but with hindsight, your actions may seem disproportionate. The law will give you the benefit of the doubt in these circumstances. This only applies if you are acting in self-defence or to protect others in your home – disproportionate force to protect property is still unlawful. Also, if your actions are so violent and excessive, this might amount to “grossly disproportionate force” for which the law does not protect you. For example if after subduing an intruder, you continue to egregiously beat an intruder, this may be seen as being grossly disproportionate.

Consent and Common Assault and Battery

The police and CPS need to prove that an offence of common assault or battery was committed without the consent of the complainant. If you are interviewed by the police in relation to an allegation of common assault or battery, the police will typically ask a suspect whether they had permission to assault the complainant. This might seem like an odd question to ask, but if there is express or implied consent, for example in the course of playing a game, or general day to day accepted activity, then consent will provide a valid defence to a charge of common assault or battery.

Where actual or grievous bodily harm or a wound is caused, consent will be no defence, in the absence of a good reason. Sadomasochistic practices resulting in GBH/wounding have been found to be unlawful, but a husband branding his wife with his initials with a hot knife, at her instigation, was not unlawful and the consent by the wife provided the husband with a defence. The court found there was no “aggressive intent”, and that it was not in the public interest that such consensual activity between husband and wife in private should be made the subject of a criminal prosecution. It will however still depend on the extent of the contact, and anything “more than” trivial may be subject to prosecution. Since 29 April 2021, section 71 of the Domestic Abuse Act 2021 expressly removes the defence for infliction of actual bodily harm (ABH) or grievous bodily harm (GBH)/wounding where the victim consented to the infliction of the harm for the purposes of obtaining sexual gratification (except where the harm is the infection of the victim with a sexually transmitted infection in the course of sexual activity, and the victim consented to the sexual activity in the knowledge or belief that the defendant had the sexually transmitted infection).

Consent may arise as an issue in the course of a sports game, whether a battery has occurred will dependent on the facts. Generally were injuries are sustained while playing a sport, criminal proceedings will not be issued, unless there has been conduct that amounts to a sufficiently grave diversion from the rules of the game. If what occurs goes beyond what a player can reasonably be regarded as having accepted by taking part in the sport, this will indicate that the conduct will not be covered by the defence of consent. For example, where a player in a game of football deliberately stamps on another player’s leg, outside of the flow of the game, breaking it, this would not be considered to be in keeping with the rules, and would result in prosecution.

Will I get a caution for common assault?

The police will frequently look to quickly resolve a low-level common assault or battery allegation with a simple or conditional caution.

In order to receive a caution, a suspect must first admit to an allegation. If it is decided the public interest does not require prosecution, after consulting with the victim, the police will issue the caution.

The police will need to explain the implications of the caution to the accused. The suspect will need to sign a form that will briefly describe the assault, and will contain details about the consequences of the caution.

How long does a caution for common assault last?

A caution for common assault or battery will be retained on the Police National Computer (PNC) until the individual reaches 100 years of age, unless it is deleted.

Does a caution for common assault show on DBS?

Although the caution will be retained by the police, it will not be disclosed on a DBS check forever. For a basic DBS check, a simple caution will be “spent” immediately, a conditional caution will become spent after a maximum of three months.

For a standard and enhanced DBS check, a caution for common assault or battery (assault by beating) will show up automatically for 6 years, after which it will become “protected”. After 6 years the caution can still show up on an enhanced DBS check on a discretionary basis, as “relevant information”, but this disclosure is appealable.

Does a caution for common assault show on an ACRO Police Certificate?

A caution for common assault or battery will show on an ACRO Police Certificate for 5 years, after which point it will be “stepped down”. Once stepped down, providing the person has no other record, the Police Certificate will thereafter state “No Live Trace”. For details about the impact of a “No Live Trace” record, please see our article: ACRO Police Certificate and No Live Trace.

Expert Criminal Records Solicitor

If you have been issued with a caution, or are waiting to receive a caution for common assault or battery, then please get in touch.

We have helped hundreds of clients in the past to get records removed from the PNC, including many records for common assault, assault by beating, ABH and even GBH.

We will provide you with a frank and honest assessment of your case during an initial assessment, and we charge reasonable fixed fees for all our services.

Please get in touch to discuss your case.

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How to challenge a police caution?

Matt Elkins — Thu, 09 Sep 2021 10:24:27 +0000

If you have received a caution, you may be wondering how to challenge a police caution.

How to go about challenging a police caution will vary according to the facts of your case.

How to challenge a police caution | Pre-caution action

The best time to challenge a police caution is before it has been issued.

If the police are considering whether to issue a police caution, you can at that point challenge the case against you. You may be able to persuade the police that the evidence against you is weak, or that there is no public interest in issuing a caution.

A solicitor should be able to assist you in challenging the imposition of a police caution.

If the police are unwilling to drop your case altogether, they maybe willing to adopt an alternative outcome in your case, such as a community resolution or a penalty notice. A community resolution or penalty notice would not have the same impact on your criminal record as a police caution.

How to challenge a caution once it has been issued

If you have already been issued with a police caution, you have several options to challenge the caution.

If the caution has been issued very recently, namely within the last day or so, you may be able to go back to the investigating officers, and directly challenge the caution.

This option is not very likely to succeed, as often the police will have already moved onto their next case, and will not want to revisit your case. This approach also risks the possibility that the police may remove your caution, but then charge you and prosecute you at court.

Challenging a Police Caution

As an alternative to approaching the police directly, you can challenge your caution by applying for deletion via ACRO.

You can set out the legal arguments why you believe your caution should be removed. ACRO will pass your application onto the police force concerned, who will then take a decision.

There are a number of different grounds that you can set out to challenge a police caution. For example, you may be able to argue that the allegation was false or malicious, that no crime had been committed, or that there is no public interest in keeping your caution on the Police National Computer (PNC).

Alternatively, you could lodge a complaint with the police, but this will depend on the circumstances of your case.

If the police refuse to delete your caution, you can then consider taking your case to Court, to have a judge decide your case.

How to challenge a Police Caution | Court Proceedings

If your case is very urgent, and you must have your caution removed promptly, you may want to consider bypassing ACRO and issuing court proceedings. This approach is high risk, as you will incur steeper costs. Even if you do not instruct a solicitor you will need to pay court fees, and if you lose, you will risk having to pay the police’s legal costs.

If you challenge your caution by applying to ACRO first and they refuse, you may then be able to appeal your case to the Administrative Court. This however will depend on the facts of your case, and the timeframe. You will need to carefully bear in mind the time since your caution was issued, and when the police took their decision to refuse to remove your caution. The Court can be unforgiving if you miss a relevant deadline.

If you do challenge your caution via ACRO, when preparing your deletion application you will need to frame your application bearing in mind the law and criminal procedure. You will need to keep in mind how a High Court judge might perceive your case, even if you have no intention of actually issuing Court proceedings. By bearing in mind previous case law your application will have a greater chance of success, and will come over as credible and reasonable to the police.

How to Challenge a Police Caution

If you are still wondering how to challenge a police caution, and you do not want to apply to the police or court yourself, we can help you.

We have years of experience in successfully applying for the deletion of a wide variety of police cautions and arrest records with police forces across England and Wales.

Our director, Matthew Elkins, is the leading police records deletion solicitor, with years of experience in challenging the retention of police records. Over the years we have successfully applied for the deletion of hundreds of police cautions from the Police National Computer (PNC).

We offer reasonable fixed fees, and will give you an honest assessment of your prospects of successfully challenging your police caution. Our aim is always to keep your case out of court, to minimise your costs, stress and risk.

If you would like to discuss how we can challenge your police caution, or would like advice in relation to arrest records, DBS Certificates, or barring proceedings, then please get in touch to arrange a fixed fee consultation.

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Police Caution Removal Solicitors

Matt Elkins — Wed, 08 Sep 2021 21:08:08 +0000

We are expert police caution removal solicitors, we have years of experience in applying for the deletion of police cautions.

Our director, Matthew Elkins, is a highly experience police caution removal solicitor, and expert Disclosure and Barring Service lawyer.

Police Caution Removal Solicitors

If you have received a police caution, and you are only now realising its impact, you can apply to have your police caution removed.

You can apply to have your caution removed yourself, if you feel confident in handling the police and you fully understand the law in this area. Alternatively you can instruct an expert solicitor.

Expert Police Caution Removal Solicitors

We have extensive experience and success in applying for the removal of police cautions, and we have had hundreds of successful cases.

We are dedicated police record removal solicitors and DBS appeal lawyers. We do not focus on anything else, and we have many years of experience to draw upon.

During an initial consultation with our expert police caution removal solicitor, we will be able to give you an honest and clear assessment of your prospects of success.

We know the types of cases that are likely to succeed, depending on the facts of the case, and the police force concerned.

Although the law applies equally to everyone, we have found over the years that each police force does have their own particular approach. Knowing which approach is likely to work with a certain police force, and what won’t, will save you money with other police caution removal solicitors, who do not have the same depth of experience as us.

Police Caution and other Police Records Removal Solicitors

Along with being expert police caution removal solicitors, we also have extensive experience in applying for the deletion of a wide range of other police records, including community resolutions, Penalty Notices for Disorder (PND), arrest records, and also local police records.

All information recorded by the police regarding an allegation has the potential to form part of a disclosure on an enhanced DBS certificate. Therefore even if you have only been accused of an allegation, this can have an impact on your employment.

Police Caution Removal and the PNC

If you are unsure if you have a police caution, you can check to see if you do in fact have a police caution. For more information about this, please see our article here: How do you know if you have a police caution?

You can also visit our police caution calculator, to see the impact a police caution will have on background checks.

Police Caution Removal Solicitors

If you would like to arrange an appointment to speak with an expert police caution removal solicitor, then please get in touch. All enquiries are treated in confidence, and all case work is undertaken on a reasonable fixed rate fee.

Cases are handled remotely, and in most cases we can avoid the need for court.

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Never accept a police caution?

Matt Elkins — Tue, 07 Sep 2021 19:22:05 +0000

You may have seen advice on the internet recommending that you should never accept a police caution.

We will look at whether it is always the best advice to never accept a police caution, and when it might be best to actually accept a police caution.

Never accept a police caution?

It is tempting for some people to always resist the police, and effectively not cooperate with any police procedures. Whilst this may work in certain circumstances, it can actually be counterproductive at times.

If a legal adviser were to adopt the view that you should never accept a police caution in any circumstances, they would in fact frequently be making matters worse for their clients.

It is an essential skill for any legal advisor to be able to tell when it is best to advise accepting a police caution, and when to refuse one – if a lawyer adopted a “never accept a police caution” approach, they would be a very poor lawyer.

When to accept a police caution?

You should consider accepting a police caution if the evidence against you is strong.

The issue will then be to decide if the evidence is in fact strong.

At the police station, particularly if you are on represented, it may be difficult to precisely determine the strength of the evidence against you. The police are not allowed to directly mislead a suspect about the strength of the evidence against them, but they may withhold evidence, so that it is unclear exactly what the strength of the case is.

If it is clear however that the evidence is very strong, then you should give very strong consideration to accepting a police caution

Never accept a police caution unless the case is strong

It may be better to say, never accept a police caution unless the case against you is clear, and the evidence is strong.

If you don’t accept the caution in these circumstances, you run a much higher chance of being charged by the police, and ultimately being convicted.

A conviction will have more serious implications in terms of sentencing, with the possibility of imprisonment, and also will have a longer-term impact in terms of background checks.

An example of when evidence may be strong is if someone is found in possession of illegal drugs, and there is no reasonable explanation as to why.

In those circumstances, if you do not accept a caution, it is quite likely that the police will charge you. There may be arguments to be made for a lower disposal, such as a PND or a community resolution, but if the police do not want to offer these, if you refuse the caution, it is very likely that you will be charged.

Never accept a caution if the case is weak

On the other hand, if the evidence against you is very weak, then you may be best advised to remain silent, or where you have a plausible defence, then explain yourself, and then refuse the caution.

The police and CPS will need to carefully consider the public interest in proceeding to a prosecution where the evidence is very weak. The police deal with hundreds of cases a day, and they cannot afford to prosecute weak cases that are unlikely to result in a conviction. The financial costs of prosecuting are very high, and so the police and prosecution will not want to waste resources on cases that are unlikely to succeed.

Whilst there is always a risk if you refuse a caution that you could be charged, if the evidence is very weak, this risk is low.

An example of a case where the evidence is weak is where someone has been accused of assault, but the complainant refuses to provide a statement or cooperate with the police’s investigation. Essentially there is no other evidence other than the initial telephone report to the police. Whilst the police do have the power to summons a reluctant witness to court, the more minor the allegation, the less likely this is to happen. Often where the evidence against the suspect is very weak, the best advice to a suspect is to remain silent, thereby avoiding providing the police with any incriminating evidence.

Never accept a police caution?

It is not therefore sound advice to always advise someone to never accept a police caution if it is offered. It will depend on the facts of the case.

Refusing a police caution where the evidence is strong, is likely to result in a prosecution, and ultimately a conviction and criminal record. Accepting a caution in these circumstances would be the lesser of two evils.

On the other hand, where the evidence is very weak, remaining silent, preventing the police from obtaining any additional evidence, is often the best course of action.

What happens if I have accepted a caution?

If you have accepted a caution, and are now worried about the impact on your professional career, or overseas travel, it may be possible to get your caution removed.

We are expert and dedicated criminal records lawyers, who have extensive experience in applying for the deletion of police cautions from the Police National Computer (PNC).

We have successfully applied for hundreds of police cautions and arrest records to be removed from the PNC, please get in touch to discuss your case.

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Can you get rid of a police caution?

Matt Elkins — Sun, 05 Sep 2021 12:31:21 +0000

If you have ever wondered, can you get rid of a police caution? The simple answer to this question is, yes.

Can you get rid of a police caution?

Whether you can get rid of your caution in your circumstances, will depend on a number of factors.

Getting rid of certain police cautions can be more challenging than others.

Where the caution is for a more serious offence, and where the evidence is very compelling, it may make getting rid of your police caution more difficult, but it may not be impossible.

Getting rid of a police caution

It is possible to apply to the police yourself to have a police caution removed, however this is the case with any criminal matter. You can represent yourself in any allegation, from the most serious to the most minor. If you do not want to represent yourself, you can instruct a lawyer to assist you. We are dedicated expert police caution removal lawyers, with years of experience with success in hundreds of cases.

Can you get rid of a police caution for a DBS certificate?

If you have received a police caution it will be retained on the Police National Computer (PNC) until you reach 100 years of age.

Your caution will be disclosed according to different time periods, the type of offence, and the type of background check you are applying for. Please see our police caution calculator for details of how and when your caution will be revealed.

People often wrongly believe (due to faulty advice given to them by their duty solicitor/the police) that their police caution will be removed after five years, for discussion on this topic please visit here: Can a caution be removed after 5 years?

If you get rid of a police caution, what does this mean?

Getting rid of a police caution will mean that it will be removed from the Police National Computer. This will mean that your caution will be completely removed from the PNC, and will know longer automatically be revealed on a DBS certificate, or an ACRO police certificate. The police do also separately retain local/PND records. For information on local/PND records, please visit here:

Clients often instruct us to get rid of their police caution from the PNC, as it is having a significant impact on their employment, or ability to move overseas.

Getting rid of a police caution, and visas.

If you have a police caution, you may find that it is causing you difficulties obtaining a visa, or overseas citizenship. Countries such as the United States and China are very strict with respect to any previous criminal record. Cautions for certain offences, such as possession of drugs or violent/sexual offences, will make it particularly difficult for you to obtain a Visa or citizenship.

Whilst you have a police caution, it will be revealed directly on an ACRO Police Certificate for between five or 10 years, depending on the offence. After the time period has elapsed, your caution will become “stepped down”, but it will continue to be indirectly revealed via a “no live trace” disclosure. For someone who has never received a caution or conviction, there police certificate will simply state “no trace”.

Many countries once they see a “no live trace disclosure” on an ACRO Police Certificate, will then enquire into the full details of that person’s criminal record.

If your caution is deleted, your police certificate will state “no trace”.

Can you get rid of a police caution? | Expert Solicitor

We are a legal practice dedicated to helping people with previous criminal records, and have successfully challenged the retention of police cautions in hundreds of cases.

The majority of our clients are highly qualified, and often leading professionals, where the impact of a police caution is often devastating to their career. We have successfully helped many clients put minor incidents behind them, and move on successfully with the rest of their lives.

Many of our clients may also have had minor difficulties in their youth/younger years, but have gone on to lead successful and highly productive lives. Often these clients feel unfairly chained to their past by their previous record.

We know that minor police records can have a major impact on people’s lives, we therefore do all we can to ensure you get the clear record that you deserve.

If you would like expert advice on getting rid of your police caution, from the leading lawyer in this field, then please get in touch.

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Can a Police Caution be Overturned?

Matt Elkins — Sun, 18 Apr 2021 11:48:12 +0000

If you have received a police caution, you may be wondering if it can be overturned.

The simple answer to this question is that a police caution can be overturned, but it will depend on the circumstances.

If your caution has been unfairly issued, for example the police have unfairly pressured you into accepting a caution, or where you did not admit to the allegation, then you may have a good case to have your caution overturned.

How do you get a caution expunged?

In the first instance you will need to apply to the police to have your caution overturned. You will need to set out your case in detail, explaining why it is, according to the law, that you think your caution is unlawful.

The police will consider your case, and provide you their decision. The person deciding your case will usually be officers/lawyers who were entirely separate from your original case.

If the police refuse to delete your caution, you can then appeal. If this appeal is refused, then you can consider appealing your case to the Administrative Court (the Administrative Court is a specialist Court within the Queen’s Bench Division of the High Court).

How long will it take to overturn a police caution?

How long it takes to decide a case does depend largely on the police force concerned. Some police forces take much longer than others to come to a decision. Also the more complex your case, then generally this will have a knock on effect on how long it takes the police to decide.

Sometimes the police might feel they need independent legal advice, and will seek advice from specialist solicitors or barristers, which will make your case take longer.

How will a caution show on a DBS certificate?

Whether a caution shows on a DBS certificate will depend on the type of caution you have, when you received it, and the level of DBS check you need.

Please use our Police Caution Calculator to see whether your caution will show up on a DBS certificate.

What will happen once my Police Caution is Overturned?

If you have a police caution this can also cause issues with respect to UK citizenship applications, as well as overseas immigration.

If you have a police caution recorded on the PNC it will show up on an ACRO Police Certificate for either 5 or 10 years, depending on the offence, and then will become “stepped down”. Once a caution is stepped down, a police certificate will state “no live trace” – if you have no record at all, your record will state “no trace”.

A “no live trace” record can cause issues with immigration, as once an embassy sees a no live trace record, they will often enquire into the full circumstances of your record held on the PNC.

Overturning a Police Caution and Immigration

What it actually means to have a caution overturned, is that your caution will be deleted from the Police National Computer (PNC).

The police may completely remove your record from the PNC, or they may change your record to state No further Action (NFA), the outcome will depend on the facts and circumstances of your case.

When you are investigated by the police, along with potentially creating records on the PNC, the police will also create locally held police records. Even if you did not receive a police caution, these local records can still be disclosed on an enhanced DBS certificate as “relevant information”, depending on the circumstances. For more details about local police records, then please see here: Local Police Records and the Police National Database (PND).

Police Caution Removal Solicitor

We have extensive experience in applying for the deletion of police cautions in relation to many different police forces.

Please see here some of successful cases: Police Caution Removal Example Cases.

Also see here the reviews from our satisfied customers: Police Caution Removal Reviews.

In most cases we offer fixed fees, unfortunately we do not offer legal aid.

Please get in touch to arrange an initial consultation

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Theft Police Caution Deleted for Client

Matt Elkins — Thu, 28 Nov 2019 12:10:33 +0000

Our client was issued a police caution for theft. The allegation was a very low level incident of “theft by finding” during a University night out with friends.

The client and his friends had taken an item of property they had thought was discarded. The client had seen the item lying in what appeared to be some rubbish, and had not dishonestly taken it.

The incident was however reported by the police, and the client and his friends were investigated. They were all accused of theft, and due to a fear of being taken to court, the client, and his friends, accepted police cautions.

The client felt he had denied the allegation, but just agreed to the police caution to escape from the police. He was told the police caution would have no impact on his future.

Expert Police Caution Deletion Solicitors

The client came to learn after the caution was issued that it would cause him serious issues when applying for a Green Card to the Untied States. A caution for theft is considered a conviction for “moral turpitude” and was advised by US attorneys to challenge the police caution.

The caution would be indirectly indefinitely disclosed on an ACRO Police Certificate as a “no live trace” disclosure. A “no live trace” disclosure will tell a foreign nation that the person has a criminal record, and will, for countries such as the USA, China, Saudi Arabia, Canada, and Singapore, precipitate a request for further details about that person’s background.

We obtained the records from the police and were quickly able to prepare a deletion application. We argued that the police caution had been unfairly issued, and that the caution ought to be expunged from the PNC.

The police responded by completely deleting the client’s record from the PNC, and also deleting his DNA and fingerprints.

PNC Record Deletion and DBS Lawyers

We have extensive experience in applying for the deletion of police cautions in relation to many different police forces.

Along with applying for the deletion of police cautions, we are also able to assist with the deletion of PNC arrest records, community resolutions, harassment PINs, Penalty Notices for Disorder (PNDs), biometric data (including custody images) and local police records held on the Police National Database (PND).

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.

We are also able to help if you are being investigated by a regulator including the General Medical Council (GMC), the Nursing and Midwifery Council (NMC), the Health Care Professions Council (HCPC), the General Pharmaceutical Council (GPhC), Medicines and Healthcare products Regulatory Agency (MHRA), the General Optical Council (GOC), the Association of Accounting Technicians (AAT), the Association of Chartered Certified Accountants (ACCA), the General Dental Council (GDC), the General Osteopathic Council (GOsC), Institute of Chartered Accountants in England and Wales (ICAEW), the Royal College of Veterinary Surgeons (RCVS), and the Teaching Regulation Agency (TRA).

In most cases we offer fixed fees, unfortunately we do not offer legal aid.

Please get in touch to arrange an initial consultation

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Cocaine Caution Deleted for Client

Matt Elkins — Mon, 11 Nov 2019 11:29:59 +0000

We have recently had a possession of cocaine caution deleted for our client. The client wanted to change profession into a regulated sector and was concerned the caution would cause him some issues in securing a job.

A cocaine caution will be retained on the PNC until a data subject is 100 years of age, it will be disclosed on a standard and enhanced DBS certificate for 6 years (and possibly longer on an DBS enhanced check) and will indefinitely be disclosed on an ACRO Police Certificate via a “No Live Trace” disclosure.

Deletion of Police Caution Solicitors

After receiving our client’s instruction, we promptly prepared an application to the police, and successfully persuaded them to remove the client’s caution.

Now that the caution is deleted the client is now clear from the PNC and his DBS Certificate and also his ACRO Police Certificate are clear.

Disclosure and Barring Service (DBS) and Police Caution Solicitors

We have extensive experience in applying for the deletion of police cautions in relation to many different police forces.

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.

In most cases we offer fixed fees, unfortunately we do not offer legal aid.

Please get in touch to arrange an initial consultation

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Theft Police Caution Deleted

Matt Elkins — Fri, 01 Nov 2019 08:55:33 +0000

We have had another client’s police caution deleted. The client had been issued a police caution for theft.

The client had been issued an a caution for shoplifting a number of years ago.

The client had forgotten to pay for a small item from a well known shop, being distracted by her young child. On her way out of the shop the client was detained by the security staff. The security staff did not listen to her explanations and the police were summoned.

She was taken to the police station, misled about the impact of the caution, and decided to admit the allegation, and accept the caution in order to escape from police custody.

The client had tormented herself for many years about the caution, regretting her decision to accept it, and felt the caution was an unfair black mark against her name.

Theft Caution Deleted

On reviewing the police’s evidence, we concluded that there were some material errors in her case, and so we drafted a deletion application to the police.

Within several months the police acknowledged the caution had been unfairly issued, and agreed to the expungement of the client’s record.

The caution was completely deleted, as was the client’s PNC record, fingerprints and DNA records.

The client now has a completely clear record on the PNC and is “no trace” on an ACRO Police Certificate.

Expert Police Caution Deletion Solicitors

We have extensive experience in applying for the deletion of police cautions in relation to many different police forces.

In most cases we offer fixed fees, unfortunately we do not offer legal aid.

Please get in touch to arrange an initial consultation.

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Affray Caution Deleted

Matt Elkins — Mon, 21 Oct 2019 07:23:44 +0000

We have again had a police caution deleted for a client. The caution had been issued a number of years ago. The police caution was issued for affray.

The client had always felt that the caution had been unfairly issued, and that he had been bullied into accepting it.

We reviewed all the evidence in the client’s case and concluded that the caution had been wrongly issued.

Affray Police Caution Deleted

We presented all the evidence we had gathered together and presented this to the police. The police notified us of their decision to delete the police caution within a relativity short period of time.

Now the caution is deleted the client has a clear PNC record, and nothing shows on his enhanced DBS check.

Also his ACRO Police Certificate now says “no trace” .

Expert Police Records Deletion

We have extensive experience in applying for the deletion of police cautions in relation to many different police forces.

In most cases we offer fixed fees, unfortunately we do not offer legal aid.

Please get in touch to arrange an initial consultation.

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