Disclosure and Barring Service - Legisia Archives

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

The post Can a Police Caution be Overturned? appeared first on Police Caution Removal Solicitors.

What is the difference between “The Police Caution” and “a Simple Police Caution”

Matt Elkins — Fri, 08 Mar 2019 22:26:02 +0000

The Police Caution

The police caution, is the formulation of words that the police use when someone is suspected of a crime. The police must state the caution before any questions about an offence can be asked. The CODE C Guidance to the Police and Criminal Evidence Act 1984 (PACE) states the following:

A person whom there are grounds to suspect of an offence, see Note 10A, must be cautioned before any questions about an offence, or further questions if the answers provide the grounds for suspicion, are put to them if either the suspect’s answers or silence, (i.e. failure or refusal to answer or answer satisfactorily) may be given in evidence to a court in a prosecution.

The police do not need to make an arrest in order to caution someone, often people will be interviewed by the police as “volunteers” and will not be placed under arrest. Prior to the commencement of an interview a suspect will be “cautioned”, namely read their rights. The caution’s wordings is as follows:

You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence.

If a suspect is being interviewed as a volunteer, if they decide to leave their “voluntary” interview, they will most likely be arrested in order for their questioning to continue.

Being arrested does carry some significant impacts, most notably in terms of any long-term consequences, the police will usually create an arrest record which will be logged onto the Police National Computer (PNC). A PNC record can be disclosed on an enhanced DBS certificate.

Simple Police Cautions

A caution, or a simple police caution, is very difference from “the police caution” – a simple caution is record of an offence where an individual has admitted an allegation. Typically they will be issued for low level offending such as assault, minor drugs cases, shoplifting, minor public order offences, and low-level harassment cases.

A police caution will be retained on the PNC for 100 years, unless it is deleted, and can be disclosed in relation to certain background checks.

Along with the simple adult police caution, there are also conditional cautions, which attach conditions to the caution, such as paying a fine or making an apology. There are also youth cautions and youth conditional cautions for offenders under the age of 18.

Police Records Deletion Solicitors

If you have any police records that you would like to have deleted, we will be able to help.

We have extensive experience of successfully applying for the deletion of police cautions, PNC arrest records, local/PND records, Penalty Notices for Disorder (PNDs), and youth disposals.

We also have significant experience of appealing unfairly disclosed information on enhanced DBS certificates, and also challenging DBS barring applications.

Please get in touch to arrange an initial consultation.

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

The post What is the difference between “The Police Caution” and “a Simple Police Caution” appeared first on Police Caution Removal Solicitors.

What Shows up on an Enhanced DBS check?

Matt Elkins — Wed, 06 Feb 2019 15:22:35 +0000

What shows up on an enhanced DBS check is subject to detailed procedural rules.

There are certain categories of police disposals and convictions that will automatically be disclosed on a standard and enhanced DBS certificate.

Along with disclosing information according to defined categories, an Enhanced DBS Certificate can also include information on the basis of the police’s opinion as to its relevance, and whether it ought to be included on a certificate.

Before an enhanced DBS certificate can be issued, it must also be show that questions being asked about a person’s criminal record are for a “prescribed purpose”. Prescribed purposes are broadly speaking working with children and vulnerable adults, as well as other specific areas such as becoming a Commissioner for the Gambling Commission, or holding a license to produce controlled drugs under Regulation 5 of the Misuse of Drugs Regulations.

NB: November 2020 edit: Youth cautions, warnings and reprimands are immediately “protected” subsequent to changes implemented by the government. This means that even for offences that appear on the DBS list of unfilterable offences, they will not be automatically be disclosed on an enhanced and standard DBS check. It should be noted however despite the changes, it is still possible for facts related to youth cautions, warnings or reprimands to still be disclosed on an enhanced DBS certificate if the police feel the information is “relevant”.

Disclosure of Relevant Information on an Enhanced DBS Certificate

The issue as to what information might be relevant to be disclosed on an enhanced DBS certificate came under renewed scrutiny by the Supreme Court in 2018.

The appellant in the case had been acquitted of rape, he was a qualified teacher, but was working at the time as a taxi driver. It had been alleged that he had raped a 17-year-old woman, who was a passenger in a taxi driven by him. His defence was that there had never been sexual contact with the alleged victim.

Following his acquittal, he applied for an enhanced DBS certificate in connection with an application for a job as a lecturer. The rape allegation and prosecution was disclosed on his enhanced DBS check as being relevant information to his job application.

The appellant appealed the disclosure of his rape acquittal – the appellant argued that his acquittal had proved his innocence:

It is wrong, unfair and grossly prejudicial [that] I should have to defend myself every time I apply for employment after the jury have ruled I am an innocent man.

(Para 9 of Judgement)

On appeal the police stated that they did not feel that his acquittal had amounted to proving his innocence, but only showed that the allegation could not be proven beyond a reasonable doubt:

Although the applicant was found not guilty by the jury, the test for criminal conviction is beyond all reasonable doubt, which is higher than that required for CRB disclosure purposes. Therefore the applicant’s acquittal does not prove that he was innocent, or even that the jury thought he was innocent, just that he could not be proved guilty beyond all reasonable doubt …

Para 12 of Judgement

The police concluded that they felt that the test for disclosure of relevant information was that it needed to be more likely to be true than not, which is effectively the civil standard of proof:

the legislation and guidance is clear that allegations that might not be true can be disclosed… I believe that the information is more likely to be true than false and is not lacking in substance, and it is reasonable to believe that the information might be true, and therefore it passes the required test

Para 12 of Judgement

After deciding that the acquittal was relevant information, the police also concluded that it was reasonable and proportionate to disclose it.

On appeal to the Supreme Court it was contested that it was a breach of the appellant’s right to a private life for his acquittal to be disclosed on his enhanced DBS check.

The Court did not agree with the appellant and stated that it was lawful to disclose non-conviction information. The Court stated that the police did not need to undertake a detailed assessment of evidence to the civil standard of proof. The court indicated that where there was evidence that tended to confirm innocence, then it might be inappropriate to disclose. The Court stated as follows:

68. While I do not question the actual decision in that case, I cannot accept that, as a matter of domestic law or under article 8 , it is necessary or appropriate for those responsible for an ECRC to conduct a “detailed analysis” of the evidence at the trial, such as envisaged by Coulson J. That is the task of the judge and jury, who have the advantage of seeing and hearing the witnesses. Whether or not it would be compatible with article 6.2 for the chief officer to express a view on the merits of the case following an acquittal, it is not the proper function of an officer to attempt to replicate the role of the court, or (in Ms Richards’ words) to conduct a “mini-trial”. Nor can that be read into the language of the statute. His task under section 113B is to identify and disclose relevant “information”, not to make a separate assessment of the evidence at trial. As Mr Moffett’s examples show (para 52 above), additional information may in some cases be available about the circumstances of the acquittal, including possibly the court’s own statements about it, which may give reasons for treating the court’s disposal as less than decisive. By contrast in the case considered by Wyn Williams J (para 36 above) the available information should have been taken as a positive indication of innocence. However, in the absence of information of that kind, it is not the officers’ job to fill the gap. To the extent that Ms Wilson in the present case saw it as part of her task to assess whether, in the light of the evidence at trial, the allegation was “more likely to be true than false”, she was in error.
69. The judge did not make the same error. He went no further than to accept, as he was entitled to do, the Chief Constable’s view that the information was “not lacking substance” and that the allegations “might be true”. However, that in itself did not mean that disclosure was disproportionate. It was a matter for him to assess whether the information, albeit in the limited form contained in the ECRC, was of sufficient weight in the article 8 balance.

Paras 68/69 of Judgement

In a postscript to the case the Court confirmed that non-conviction information could be disclosed on an enhanced DBS checks, including acquittals:

74 Given that Parliament has clearly authorised the inclusion in ECRCs of “soft” information, including disputed allegations, there may be no logical reason to exclude information about serious allegations of criminal conduct, merely because a prosecution has not been pursued or has failed. In principle, even acquittal by a criminal court following a full trial can be said to imply no more than that the charge has not been proved beyond reasonable doubt. In principle, it leaves open the possibility that the allegation was true, and the risks associated with that.

Para 74 of Judgement

The Court did however also indicate that there was a lack of guidance for employers as to how to deal with, and interpret, acquittals disclosed on Enhanced DBS checks. As a result of this indication new guidelines for employers may be drawn up.

DBS Defence Solicitors

If you have received an enhanced DBS certificate and it has disclosed information that you dispute or that you feel is unfair, please get in touch.

We have significant experience in challenging enhanced DBS checks and also barring appeals.

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

The post What Shows up on an Enhanced DBS check? appeared first on Police Caution Removal Solicitors.

Historic Police Caution Deleted for Client

Matt Elkins — Thu, 01 Mar 2018 22:52:53 +0000

Our client had been issued with a police caution over 10 years ago and had himself unsuccessfully applied on two occasions to have his police caution deleted.

The police force concerned had rejected his applications for deletion, stating to him that they believed they had issued the caution in a lawful manner and that they intended on retaining his caution for 100 years, in accordance with current NPCC policy.

On review of the police’s evidence we were able to determine that the caution had in fact been issued unlawfully, and promptly set out our application to the police for deletion of the caution.

The client had been the victim of incessant and prolonged antisocial behaviour outside his home, and had taken reasonable actions to defend himself. The police however were very quick to point the finger of blame at the client despite him suffering many years of abuse from local youths in the area, his neighbour having been violently assaulted on a previous occasion.

Within a relatively short period of time the police responded agreeing to a complete expungement of the client’s PNC record – namely he was entirely removed from the Police National Computer. This means that if a background check were ever to be undertaken on him, the system would return a “no trace” record.

After many years of suffering with the injustice of the caution the client was finally able to move on from the incident.

Deletion of Police Cautions

If you have been unfairly issued a police caution then please get in touch. It is not uncommon for the police to issue cautions unfairly, and sometimes the alleged victim in the case is in fact the real perpetrator.

If you were told when you accepted a caution that it was just a slap on the wrists, or that it would have no long-term impact on your future, then there may be an argument to say that the caution was issued unfairly.

You may feel that the police have rushed your case so that you could not properly reflect upon the implications of the caution, and you accepted the caution just to escape the confines of the police station.

If you have never been arrested before, being detained in a police cell will be a frightening and unpleasant experience; and this often contributes to people making a rushed decision to accept a police caution, particularly as the police will often threaten a detainee with going to court if a caution is not accepted.

It is not the case that all police cautions can be expunged, and very often they will have been administered correctly, however if you feel that you are innocent of the allegation against you and the caution was pressed onto you in unfair circumstances, then please get in touch.

We have successfully applied for the removal of many police cautions with respect to police forces across England and Wales.

Often our clients are successful professionals who are frequently located abroad, in such circumstances we are easily able to manage a client’s case remotely without the need for the client to return to the UK.

Police Cautions and Foreign Travel

If you have received a police caution you may now be aware that it may limit your ability to travel abroad.

If you plan to settle abroad you will most often require a “police certificate” which is issued by ACRO.

If you have received a police caution then it will be disclosed on a police certificate for between 5 and 10 years, depending on the offence. After this period of time a police certificate will state “no live trace”.

A no live trace indication on a police certificate will tell any foreign nation that you have previously been cautioned or convicted for a criminal offence.

See here for more information in relation to police cautions, arrest records and travel to the United States of America.

The Disclosure and Barring Service

Along with applying for the deletion of police records we also have extensive experience of challenging unfairly disclosed information on DBS certificates, challenging applications to bar, and also appealing existing barring decisions.

If you have any issues with the DBS please get in touch to arrange an initial consultation. We charge a fixed fee for an initial consultation, during the consultation we will be able to advise you on your prospects of success. If you believe your case is weak, we will tell you frankly to avoid you incurring any further costs.

If we believe you have a case to argue, we are usually able to charge fixed fees.

We always aim to settle police caution cases and DBS appeals without the need for court, however if court proceedings are required we will be able to offer you reasonable hourly rates, which are often recoverable in the case of success.

The post Historic Police Caution Deleted for Client appeared first on Police Caution Removal Solicitors.

Sexual Offence Police Caution Deleted

Matt Elkins — Sat, 02 Dec 2017 20:37:01 +0000

We have again had a caution expunged for a client. The caution had been issued a number of years previously, in relation to a sexual offence.

We were able to identify aspects in the evidence which enabled us to challenge the basis of the caution, even though the caution had been issued over five years previously.

The police agreed to delete the caution, arrest record and the client’s DNA and fingerprint record.

The client, an accomplished teacher, was able to continue his career knowing that his record would now be clear.

Police Caution Deletion Lawyer

We have had many police cautions deleted for our clients, including cautions issued both recently and historically.

We are usually able to offer a fixed fee for our services, and we always aim to resolve a case without the need for costly court proceedings. If the police however do not agree to expunge your caution, and you have a solid case to argue for expungement, we will fight your case before the High Court in Judicial Review proceedings.

Disclosure and Barring Service Solicitors

Along with applying for the deletion of police records, we are also often instructed to apply to the DBS to appeal DBS certificates or barring decisions.

If you have received a “minded to bar” letter, then please get in touch to discuss your case.

For more information on our DBS related work, please visit here: DBS appeals solicitors.

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Drugs Police Caution Expunged

Matt Elkins — Wed, 22 Nov 2017 19:33:24 +0000

We have successfully applied for the removal of our client’s police caution.

The client had been found in possession of a class A drug, and had admitted in interview, with the duty solicitor advising, that the drugs were his.

The client works in a highly trusted profession, and the caution was having a devastating impact on his career.

After we reviewed the case, we came up with a novel approach for expungement, which the police agreed with, and deleted the caution.

Matt worked extremely hard on my behalf going above and beyond his duties as a solicitor and arranging additional requirements on my behalf to the satisfaction of the authorities. All of Matt’s work is to the highest standard and he responds quickly… if you are concerned about the impact of a caution on your future career and travel prospects I would recommend you setup an initial consultation with Matt.

Police Caution Deletion Solicitor

Please get in touch if you have received a police caution and it is affecting your life. You may be able to have your caution expunged so that are able to move on with your life and career.

Many of our clients talk about the huge weight that is lifted from them when their police caution is deleted; we know the burden that a police record can give people, and so we always work hard to expunge a police caution.

We will scrutinise the evidence in your case to try and find a technical error in the police’s procedure. The law surrounding the issuing of a police caution has developed over a number of years, and has changed a number of times. As a result there is often confusion by the police as to the correct procedure, or simply pressure to resolve cases quickly, which can lead to mistakes. If you feel a mistake has been made in your case, then please get in touch.

Police Caution Expungement

Not every police caution can be removed – we will always look to see if there is an argument to be made in support of your case – but if we feel your case is weak – we will give you our honest opinion, this will avoid you spending money on trying to delete your caution.

Unfortunately we do not offer legal aid, and due to the significant number of enquiries we receive, we charge a fee for an initial consultation.

We also have significant experience in challenging DBS certificates and DBS barring decisions, if you are also experiencing difficulties with the Disclosure and Barring Service – for more information click here: DBS appeals.

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DBS Barring List Success

Matt Elkins — Wed, 08 Nov 2017 19:35:28 +0000

We have successfully applied to have our client removed from the Disclosure and Barings Services’ (DBS) Barred lists.

The client had been placed on the barred list under the former Department of Education and Skills (DfES) list 99 procedure.

The client had never been convicted of any criminal offence, but was simply the subject of a spurious allegation from over 15 years previously.

The government has significant powers to disclose information, and take barring decisions about individuals, even where no actual criminal conviction has taken place.

If the DBS believe that an allegation made against you is more likely to be true than not, and if it is necessary and proportionate to do so in their view, you will be placed on either the children or adults, or both, barred lists.

DBS Barred Lists Solicitors

Our client had lived for many years under the shadow of the allegation, and the fear that he would be arrested again for a perceived infraction of the barring requirements. Eventually the fear outweighed his concern, and he approached us to try to have himself removed from the list.

After obtaining the file of evidence from various sources, we were able to identify some serious defects in the way the original barring decision had been made. We also argued that continuing to bar our client was disproportionate, unnecessary, and plainly unfair.

We managed to persuade the DBS, within a relatively short period of time, that the client ought to be removed from the children’s bared list.

DBS Certificates and Police Records

Now that the client is removed from the barred list, we are now applying for the expungement of all police records related to the allegations.

Even if an accused is removed from the barred list, the police may still disclose information on an enhanced DBS certificate, which can jeopardise an employment opportunity.

We have had significant success in expunging police records, including police cautions.

Along with applying for the expungement of police records, we also have significant success in appealing disclosures of information on enhanced DBS checks.

Police Caution and DBS Solicitors

Please get in touch today to discuss any police records or DBS case. We are often able to offer reasonable fixed fees or competitive hourly rates.

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DBS Barring Procedure Successfully Halted

Matt Elkins — Thu, 19 Oct 2017 19:35:39 +0000

We have successfully prevented a client from being placed on the Disclosure and Barring Service (DBS) children’s barred list.

The DBS had commenced an investigation into whether to bar our client. They had taken an initial view that it may be appropriate to place the client on the barred list.

The DBS barring investigation had been instigated when the client had applied for a DBS check, which disclosed a caution for a sexual offence some years before.

Once the DBS had been notified of the caution, their investigators decided to commence their barring process.

DBS Barring Appeal Solicitors

Once instructed, we gathered together all the relevant evidence in the case from a variety of sources.

We instructed an expert witness to provide a report on our client, looking at relevant factors which would be taken into consideration by the DBS in making their decision.

Although the original allegation had been some time ago, we were able to piece together the file, which showed the allegation in its true context, rather than the highly prejudicial manner in which it was presented by the police.

Child and Adult DBS Barred List Appeals

Once we submitted our representations to the DBS, we followed up our application periodically, to ensure matters were progressed in a timely fashion, and so that our client did not have an undue delay waiting for the outcome.

Within 8 weeks, the DBS notified us that they would not be barring the client.

DBS and Police Records Experts

Along with challenging DSB barring decisions, we are also expert in defending against unfairly issued DBS certificates, in particular challenging information disclosed on enhanced DBS certificates.

We are also frequently instructed to apply for the expungement (deletion) of police issued criminal records, such as police cautions, PNDs, cannabis warnings and arrest records.

We have had many police cautions expunged from the Police National Computer (PNC) along with bio-metric data (fingerprints and DNA) and arrest records.

Police Caution Removal and DBS Solicitors

Please get in touch today to book an appointment to discuss your case. We offer reasonable fees, and can usually offer a set fixed fee in advance.

Unfortunately, we do not offer legal aid.

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Child Cruelty Police Caution Removed for Client

Matt Elkins — Sat, 08 Jul 2017 16:13:11 +0000

We have had a caution deleted for our client who was issued a caution nearly ten years ago for assaulting their child.

They had previously attempted to have the caution removed, instructing a different and well known, firm of lawyers. The police had rejected the client’s previous application and came to us to try and overturn the decision.

After reviewing the file, we were able to identify flaws in the police’s case that had not previously been raised. After submitting detailed representations to the police, they agreed to expunge the client’s police caution and PNC record, including the client’s biometric data.

Police Caution Removal Solicitors

Had the caution not been deleted, the caution, as it was for child cruelty, would have been disclosed indefinitely on both a standard and enhanced DBS check.

Now that the caution is deleted, it will no longer be disclosed, and the client will now be able to pursue a career in education, which they had put on hold since receiving the caution.

We have extensive experience in successfully applying for the deletion of police cautions, arrest records, cannabis warnings and PNDs from the PNC.

DBS Expert Lawyers

Along with being experts in applying for the expungement of police records, we have extensive experience in defending Disclosure and Barring Service cases, including challenging unfairly disclosed information on DSB certificates and challenging barring decisions.

If you are already on either the child or adult barred lists, or both, then we may be able to appeal the original barring decision, or may be able to seek a review if the minimum barring period has elapsed.

Police Caution and DBS Solicitors

Please call us today to arrange a consultation with our expert lawyers.

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Police Caution Deletion Success

Matt Elkins — Fri, 24 Feb 2017 17:59:47 +0000

The police have agreed to delete (expunge) our client’s caution from the Police National Computer (PNC).

The client, a successful professional, had received a police caution in relation to a theft allegation.

Had the police caution remained on the PNC, then it would have seriously affected the client’s ability to work, and to live and work abroad, notably the United States.

Police Caution Deletion

After making detailed representations, the police agreed to remove the police caution from the client’s PNC record.

The caution will no longer appear on a standard nor an enhanced DBS certificate, and so will not be disclosed to any future employer.

This is excellent news, a big thank you for all you support and effort – it is indeed a great result!

Arrest record and Police Caution Removal

If you have received a police caution, or even simply been arrested, and you want your arrest record deleted, then please get in touch.

We have had many successful police caution expungements and also deletions of PNC arrest records, DNA and fingerprints.

If you have been convicted at Court of a criminal offence, then you will not be able to apply for record deletion. You will need to appeal your criminal conviction.

Judicial Review and Police Records

Police records can be deleted on agreement with the police, if the police do not agree to remove a police caution or an arrest record, you can issue judicial review proceedings. Our aim is to always persuade the police to delete PNC records, however if they refuse to, we have extensive experience of issuing judicial review proceedings.

DBS Certificates and Barring Decisions

Along with challenging police cautions and arrest records, we also have extensive experience of challenging DBS Barring decisions and decisions by the police and DBS to disclose information on enhanced DBS certificates.

DBS and PNC Solicitors

If you have any issue related to the disclosure of police records then please get in touch.

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