Consequences of Police Cautions - Legisia Archives

Affray Caution Deleted from the PNC

Matt Elkins — Fri, 22 Nov 2019 22:12:48 +0000

We have again been able to persuade the police to delete a caution for affray from the client’s Police National Computer (PNC) record.

The client worked in education and so required an enhanced DBS check. As the caution was for affray, it meant that it would forever be disclosed on both a standard and enhanced DBS check.

The caution was holding the client back from progressing in his career, and was finding that promising job offers were being withdrawn once it came to the background check phase of the recruitment process.

The caution had effectively resulted in the client accepting low paying teaching posts, with little prospects for promotion.

Legal Defects in the Police Caution Procedure

After we reviewed the matter we were able to see that the police caution had been wrongly issued. The police had essentially issued a caution for affray where, at the very most, only an allegation of common assault was made out.

We argued that there were no members of the public that could have been caused fear for their safely, and importantly, that the incident had not occurred in a public place.

We prepared out submissions, setting out our findings to the police. Within a few months the police came back to us, stating that they had deleted he caution from the PNC, and the client’s DNA and fingerprints.

Now that the police caution has been deleted, the client’s enhanced DBS check is clear, and he is able to progress his career successfully.

We have had many police cautions deleted over the years. We exclusively deal with criminal records, disciplinary, and DBS cases, and so we have developed extensive experience and knowledge in this niche area of law. We believe we have the most experience in this area of law compared to any other legal practice.

We care about our clients and their cases, and we know the devastating impact a minor criminal record can have on someone’s life.

We have helped hundreds of people clear their records, or challenge DBS certificates, and if there is way to help in your case, we believe we are the best lawyers to help you.

Expungement of Police Cautions & DBS Appeals

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

The post Affray Caution Deleted from the PNC appeared first on Police Caution Removal Solicitors.

Police Caution Deleted for Solicitation Allegation

Matt Elkins — Tue, 27 Mar 2018 09:43:51 +0000

We have again had a caution deleted for our client who had been accused of solicitation a number of years ago.

The client had always felt he had been given the caution unfairly, but had accepted it in order to avoid the humiliation of going to court.

He had lived in fear with the caution on his record, and avoided applying for any type of job that might reveal it.

Police Caution Removal Lawyer

We gathered together the client’s file from the police and applied to delete his record.

Within a relatively short period of time the police had agreed to delete the client’s caution and his PNC record.

Since the caution has been deleted the client has been able to move on with his career without the fear that the caution will be disclosed.

Police Records Deletion

If you have a police record that you feel is holding you back, please get in touch. If you accepted a caution only to avoid court, but where you believed you were innocent, you may be able to have your caution deleted.

We have successfully applied for the deletion of many police records, including PNDs, police cautions, conditional cautions, youth reprimands and warnings, and arrest records.

In addition, if you have received a DSB certificate which contains information that you dispute, we can help. Or if you have received a “minded to bar” letter form the DBS we have significant experience of challenging barring applications.

Please get in touch to discuss your case.

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Another Police Caution and Arrest Record Successfully Deleted

Matt Elkins — Sun, 23 Apr 2017 18:16:45 +0000

We have again had another police caution and arrest record deleted for one of our clients. The caution was issued in the context of a domestic dispute.

The police were called and wrongly arrested the client. The client was taken into custody and placed in a police cell.

After taking fingerprints and a DNA sample, the client was interviewed. After the interview a caution was offered which was agreed to by the client, who was anxious to return to her young children.

Little information was provided by the police with respect to the implications of the caution, and the client was rushed into making a very quick decision. It was only after the client was released from custody did she become aware of the significant implications of the caution.

That’s brilliant news – I can’t believe it! Thank you so much

Police Caution Deletion Lawyers

After we assessed the case, we were able to identify serious defects in the police caution procedure. We made prompt representations to the police arguing for deletion.

After a relatively short period of time, the police not only agreed to expunge the client’s police caution, they also agreed to delete the client’s arrest record (please see here: for more information on deletion of arrest records).

The client is now able to resume her career in education without worrying about disclosure of any unfavourable information on a Disclosure and Barring Service (DBS) Certificate.

DBS and Police Record Expungement Specialists

If you, or a loved one, has as police record including police cautions, arrest records, PNDs, harassment warnings, fingerprint records, DNA records or local CRIS reports, then please get in touch. We have successfully applied to the police for deletion of many clients’ records.

We usually offer reasonable fixed fees for our services and always aim to settle a case without the need for court.

If the police refuse to remove criminal records, we are prepared, and have significant experience of, issuing judicial review proceedings.

We unfortunately do not offer our services under legal aid.

The post Another Police Caution and Arrest Record Successfully Deleted appeared first on Police Caution Removal Solicitors.

Domestic Assault Caution Removed for Client from the PNC

Matt Elkins — Thu, 09 Mar 2017 15:27:34 +0000

Our client instructed us to apply for the deletion of his police caution. The client had received the caution in the context of a domestic argument.

The police caution, had it remained on the Police National computer (PNC), would have greatly affected the client’s professional and personal plans for the future.

After our initial assessment, we were able to determine that the police caution had some procedural defects, which meant that it ought to be removed.

We prepared detailed representations to the police, and who ultimately agreed with our arguments that the caution was inappropriate in the circumstances of the client’s case.

Police Caution Removal Solicitors

We have had many police cautions removed for our clients; most of our clients are successful or aspirant professionals whose career and personal life is greatly impacted by the imposition of a police caution.

We understand the stress an arrest and criminal record can have on an individual, and we work hard to ensure every client stands the best possible chance of having their record deleted.

Arrest Record Deletion

Even if you have simply been arrested, namely you were arrested and detained, but the police took No further Action (NFA) against you, your details will appear on the PNC.

An arrest record can appear on an Enhanced Disclosure and Barring Service (DBS) certificate and can affect immigration applications.

Disclosure and Barring Service (DBS) Children and Vulnerable Adults Barring

A simple arrest, where no further action was taken, can sometimes precipitate an investigation and enquiry by the DBS into whether someone should be barred from working with children and vulnerable adults. If you have been arrested, and you then subsequently apply for an enhanced DBS certificate, information may be passed to the DBS, which could trigger a barring investigation.

If you have been cautioned or convicted of certain relevant crimes, then the DBS will undertake a barring investigation under their automatic barring procedure. Some automatic inclusion offences however permit an individual to make representations before they are barred.

We have had significant success in appealing auto-barring applications and applications where relevant information has been passed to the DBS.

We have also successfully had clients removed from the barred list where mistakes were made in the original barring decision, or where it was no longer appropriate to keep someone on the barred list after the minimum barring period has elapsed.

DBS and Police Caution Solicitor

If you have a DBS issue or an arrest record or police caution difficulty, then please get in touch to discuss your case.

For details of our past successes please visits here: Previous Successful Cases

For more information on DBS Barring please visit here: DBS Barred List

For more information on the police caution procedure, please visit here: Police Caution Procedure

For more information of the expungement of arrest records, please visit here: Early Deletion of Arrest Records and Biometric Data.

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A Guide to ACRO Record Deletion Process from National Police Systems

Matt Elkins — Thu, 16 Feb 2017 12:45:15 +0000

Did you know that it’s possible to apply for the deletion of police records from the Police National Computer (PNC), National Fingerprint Database (IDENT1) and the National DNA Database (NDNAD)?

The National Police Chiefs’ Council (NPCC) calls this process the “Record Deletion Process.” Locally held records, such as custody records and custody photos, are managed under the Authorised Professional Practice (APP)—Information Management Policy.

Previously, there was no coordinated procedure for deleting police records, you would need to write to the chief constable of the relevant police force and ask for records, such as arrest records and police cautions, to be deleted.

The NPPC has created a process whereby applications for deletion are sent through a centralised unit called the National Records Deletion Unit, which is part of ACRO’s Criminal Records Office.

You cannot use the early records deletion process to delete court convictions—if you wish to remove a conviction, you will need to challenge it in Court.

Can Biometric Data Be Deleted From Police Records?

If you have been convicted (including cautioned) of a criminal offence, you will not have an automatic right to have your Biometric data records deleted. Biometric data is your DNA profile and fingerprints. If you were a youth at the time, your fingerprints and DNA will be deleted after five years (plus the length of any custodial sentence) unless the offence is a “Qualifying Offence” or indefinitely if your custodial sentence was five years or more or if you have two convictions.

If you were acquitted of an offence, even if you were charged, you have a right to have your biometric records deleted. The period after which records will be deleted is set out according to the type of offence and, in some cases, can be extended if an application is made to extend the retention period. For example, suppose you were arrested or charged but not convicted/cautioned for a minor offence. In that case, your biometric records will be deleted immediately (although a speculative search will be undertaken before their destruction).

Early Deletion of Biometric information and PNC Record

If you provide good reasons, and the chief officer agrees, you can apply to have your biometric data deleted early.

You can also use the record deletion process to delete PNC records, including expunging police cautions and arrest records, providing there is evidence of good grounds for the record’s removal. A police caution can be expunged, but the police can still retain the PNC arrest record. For information regarding police caution procedure, please visit our article here: Police Caution Procedure.

Are There Grounds For Early Police Record Deletion?

Yes, there are several grounds for early deletion. They have been set out by the NPCC as follows:

Unlawfully Taken

Where you believe your DNA or fingerprints were taken unlawfully. For example, this might apply if your arrest was unlawful.

Mistaken Identity

Where you believe that your arrest was unlawful or was based on you being mistakenly identified.

Malicious/False Allegation

Where you have been arrested and charged, but the case has been withdrawn at any stage, and there is corroborative evidence that the case was based on a malicious or false allegation.

Proven Alibi

Where there is corroborative evidence that you have a proven alibi and, as a result, have been eliminated from the enquiry after being arrested.

Incorrect Disposal

Where the disposal options applied by the Police following your arrest have been administered incorrectly, for example, a police caution may have been improperly administered.

Suspect’s Status Was Not Clear at the Time of Arrest

You were arrested at the outset of an enquiry where the circumstances and distinction between the offender, victim, and witness are unclear, and you were subsequently eliminated as a suspect (but you may be a witness or victim).

Judicial Recommendation

If, in the course of court proceedings, a Magistrate or Judge makes a recommendation that your DNA, fingerprints or PNC record should be deleted.

Another Person Was Convicted of the Offence

The conviction of another person for the offence may constitute grounds for the deletion of your DNA, fingerprints, and PNC record.

Public Interest

These are instances where you believe the Chief Officer should determine that there is a wider public interest in deleting your DNA, fingerprints or PNC record.

What Other Reasons Impact Police Record Deletion?

There are additional factors that will affect a record deletion application. These are:

Whether there are ongoing investigations or court proceedings.
If there is an application to extend the retention period with respect to biometric data.
If there are other court convictions.
The police may have felt you were culpable but could not prove the allegation.
The police may decide that although an allegation was not provable according to the criminal standard (beyond all reasonable doubt/so that it is sure), they strongly feel you were likely guilty.
Positive evidence of being eliminated as a suspect – if compelling evidence shows you were not the guilty party, then this will tend to support deletion.
The retention of biometric information due to a previous conviction.

The Right Solicitor for Police Record Deletion

If you are concerned about DNA/fingerprint data retention, please contact us. We can apply for the early deletion of biometric records.

If you have been issued a police caution, we may be able to get it removed. We have successfully argued for the removal of many police cautions and arrest records.

Where the police refuse to remove records, we have extensive experience issuing judicial review proceedings to challenge a police decision to retain police cautions, arrest records, and biometric data.

We charge reasonable fixed fees for our services. Get in touch today to speak to a specialist police records deletion solicitor.

The post A Guide to ACRO Record Deletion Process from National Police Systems appeared first on Police Caution Removal Solicitors.

Police Cautions

Matt Elkins — Tue, 14 Feb 2017 19:32:41 +0000

A police caution is an out of court disposal aimed at achieving cheap and rapid justice. A police caution can only be issued if the suspect accepts the caution and admits the allegation.

Admission to a Police Caution

If a suspect does not admit the allegation then a police caution cannot be issued. An admission to an allegation needs to be clear and reliable and freely given. What amounts to a freely given and clear and reliable admission is often open to interpretation. In a common assault allegation for example, it may be open to dispute as to whether someone has raised self-defence, or in theft allegation, whether dishonesty or an intention to permanently deprive has been admitted.

Reliable Consent to a Police Caution

Along with providing an admission. Consent to a police caution must be freely and reliably given, namely a suspect must understand the full implications of a police caution before they accept it. For example they must understand the impact a police caution will have on immigration, on employment, on fostering, on working with children or vulnerable people. A police caution will have a significant impact on all of these aspects of someone’s life, and so it is important that the police explain all the implications of a police caution in clear terms.

The police also ought to offer a suspect the possibility of receiving competent legal advice before they accept a police caution. Most often this will mean receiving advice from a duty solicitor. Sometimes, the police may tell a suspect that, because a police caution is minor (in their view) that there is no need for a solicitor, or will perhaps tell a suspect that waiting for a solicitor will mean they will have to wait in a police cell for a long time. Sometimes people simply fear that asking for a solicitor may make matters worse, and the police will be more harsh on them. If the police have unfairly deprived a suspect of their right to legal advice, it can form a basis to challenge the validity of a police caution.

Sometimes the police may hold out the offer of a police caution as an inducement to confess, this is strictly prohibited. An unfair inducement to confess could form the basis of a challenge to a police caution.

Police Cautions

Along with a simple police caution, there is also a conditional caution, a youth caution and a youth conditional caution.

A conditional caution requires certain conditions to be fulfilled by a suspect, such as writing a letter of apology or paying a fine, for the caution to be fulfilled. If the conditions are broken, then the police/CPS reserve the right to charge and prosecute a suspect.

Police Cautions and Criminal Records

A police caution forms part of someone’s “criminal record”, what a criminal record is however will depend on who is asking.

On a basic disclosure certificate a simple police caution will not show up, a conditional caution will show up for three months, or before, if the conditions are satisfied.

On a standard DBS certificate most police cautions will not show up after 6 years, on an enhanced DBS check a caution is likely also not to be disclosed, but may be disclosed if the police deem it relevant to a particular role.

A specified list caution however, namely a caution for an offence that is more serious (including offences such as ABH, sexual assault and child cruelty) will show up forever on both a standard and enhanced DBS certificate.

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”.

For more details on the implications of a police caution, please visit here: Implications of police cautions.

Police Caution Removal

If you believe that you, or loved one, has been unfairly issued with a police caution then please get in touch.

We are specialist solicitors in appealing unfairly issued police cautions. Please navigate through our “Recent Removals” section to see case studies of recent successful police caution removals.

Along with successfully removing police cautions for our clients, we have also successfully appealed the retention of arrest records and the unfair disclosure of information on DBS certificates.

DSB Barring and Police Cautions

Often when someone has received a police caution, especially if it relates to violence or a sexual offence, and where the individual works with children or vulnerable people, a caution will precipitate an investigation by the DBS into whether someone should be placed on the children and/or vulnerable persons barred lists. We have extensive experience of challenging DBS barring applications and also overturning unfair decisions to bar.

For more information in relation to what amounts to regulated activity with children with respect to enhanced certificates and barring, please visit here: Regulated Activity with Children

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Assault Allegation Caution Deleted for School Teacher

Matt Elkins — Fri, 03 Feb 2017 20:52:09 +0000

Our client, a teacher, had received a caution in relation to a domestic common assault allegation. The client had been wrongfully issued the police caution in relation to a malicious allegation made by an ex-partner.

After reviewing the case we were able to clearly determine that there had been some serious defects in the cautioning procedure. After making representations to the police we were able to have the cautioned expunged (removed) from the record.

Enhanced DBS Certificates and Teaching

Had the caution remained on the client’s PNC record the caution would have definitely appeared on the client’s Disclosure and Barring Service (DBS) Certificate for the next 6 years, and may have shown up on an enhanced DBS (Previously CRB) check indefinitely.

Police Caution & Arrest Record Removal

We have had many cautions and arrest records deleted for clients,in a multitude of different scenarios, and in respect of police forces across England and Wales.

A police caution can have a serious impact on a professional career or on immigration; if you or a loved one has received a police caution, then please get in touch.

For arrest record and police caution removals, we are usually able to offer a fixed fee.

DBS Barred List and Enhanced & Standard DBS Certificate Appeals

We are also often instructed to appeal information disclosed on DBS certificates and challenge unfair decisions to place people on the DBS children or adults barred list. With DBS certificate appeals and Barred List appeals we usually charge a reasonable hourly rate.

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How long does a police caution stay on your record?

Matt Elkins — Tue, 31 Jan 2017 11:22:23 +0000

The answer to the question “How long does a police caution stay on your record?” depends on who is asking the question.

The answer will be different depending on the level of disclosure that can be lawfully requested by the organisation who is asking the question. On a basic disclosure a caution (youth and adult) is spent immediately and will not show up.

A conditional police caution will be spent once the conditions end or after 3 months, whichever is sooner. A caution however will show up for longer periods of time on Standard and Enhanced DBS certificates and in some cases may be disclosed forever. A police caution will also have an impact on a police certificate, which are issued for the purposes of immigration.

Standard DBS Certificates

How long does a police caution stay on your record with respect to a Standard DBS Certificate?

On a Standard DBS certificate a police caution will show up for at least 6 years.

If your adult caution was for a specified offence it will show up indefinitely on a standard (and enhanced) Disclosure and Barring Service (DBS) certificate. Most offences that appear on the proscribed list you would be unlikely to receive a caution for, offences include murder, terrorism and rape. However there are a certain number of offences that are on the specified list that can easily apply to facts that are relatively minor, offences such as Actual Bodily Harm (ABH), child cruelty or burglary. Whilst these offences can at times relate to more serious factual incidents, sometimes cautions can be issues for these offences where the facts are relatively minor. Examples might be causing a minor cut or bruise to someone during a domestic fight, leaving your child unattended for a short period of time or a burglary allegation when a youth and of a low value and type, for example entering an abandoned home and taking something of low value.

Enhanced DBS Certificates

How long does a police caution stay on your record with respect to an Enhanced DBS Certificate?

On an enhanced DBS certificate, a police caution will definitely show up for 6 years, after which it will be protected and will most likely be filtered off of a DBS certificate. If however your caution is for an offence on the proscribed list of offences that never become filtered, then your caution will never become protected and it will always appear on your DBS certificate.

Even if your caution is not for a proscribed list offence and so will be eligible for filtering, the police retain a broad discretion in terms of the information they can disclose on an enhanced DBS certificate. So even of your caution was for a minor common assault, or a minor theft, the police, if they feel the caution reveals facts that are relevant to your job application, then they may disclose relevant facts on your certificate. If information related to your caution is disclosed after the 6 year period, as long as it is not for a proscribed list caution, you may appeal the disclosure of this information.

ACRO Police Certificates

How long does a police caution stay on your record with respect to an ACRO Police certificate?

Along with showing up on DBS checks, a police caution will also show up on police certificate issued by ACRO Criminal Records Office.

The Criminal Records Office issues certificates that are used by UK citizens looking to emigrate to foreign nations.

The Criminal Records Office adopt the “step down” model, as opposed to the filtering process used by the Disclosure and Barring Service. The step down process removes cautions from a certificate after certain periods of time. A serious caution will be removed after 10 years, a caution for a more minor offence will be removed after 5 years.

Even if a caution is stepped down, your certificate will still give an indication to a foreign nation that you have at least been arrested. For someone who has never been arrested, their police certificate will say “no trace”, however if you have been cautioned or convicted, your certificate will most likely say “no live trace”. This will then, at the very least, give the country you wish to immigrate to, an indication that you have had an issue with the law in the past.

Police Caution and Arrest Record Deletion Lawyer

We are specialist police caution removal solicitors and have extensive experience of challenging unlawfully issued police cautions.

We are often also instructed to challenge arrest records and have had numerous PNC records deleted for our clients.

In addition, if you feel information has been unfairly disclosed on your DBS certificate, then we will be able to help.

We also defend against DBS barring decisions (formerly list 99) and appeal DBS barring decisions that have already been made.

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Another Police Caution Removed for client – Police Caution Removal Solicitors

Matt Elkins — Sat, 26 Mar 2016 12:33:20 +0000

We have again had a police caution removed for a client. The caution was again issued in relation to a domestic dispute.

Police Caution Removal Solicitors

The police caution was issued for Actual Bodily Harm (ABH). A caution for ABH will stay on a criminal record forever and will never become “protected”.

This will mean it will be disclosed on an enhanced and standard Disclosure and Barring Service (DBS) check certificate forever.

This is brilliant news! I can’t believe it. Thank you and your team for all the hardwork to get it cleared, this has given my marriage a second chance.

A lesser assault offence is common assault (otherwise know as assault by battery or assault and battery), a police caution for common assault will remain on a standard DBS check for 6 years and may continue to be disclosed on an enhanced DBS certification after 6 years.

Work and Immigration and the Police Caution

A police caution will cause significant problems for anyone who works, or hopes to work, in a regulated sector.

Under current UKBA rules a caution will automatically bar you from applying for UK citizenship for 3 years.

Can I remove a Police Caution?

You can remove a police caution if it has been issued incorrectly. We have successfully removed police cautions or had DBS certificates amended for many clients. We have had success at removing criminal records after unsuccessful applications by other solicitors.

Our recent client was prevented from continuing to work in the health care sector, now that the police caution is removed they will be able to return to work.

How do I remove a Police Caution?

Please get in touch to discuss the possibility of removing your police caution from your record. We offer reasonable fixed fees.

Even if your caution was issued many years ago we may still be able to help. Please get in touch to speak with an expert police caution removal solicitor.

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Instruction in Disclosure and Barring Service (DBS) Barred List Prosecution

Matt Elkins — Wed, 27 Jan 2016 13:14:43 +0000

We have been instructed to defend in a Disclosure and Barring Service instigated prosecution.

The client has been charged under section 7 of the Safeguarding vulnerable Groups Act 2006.

Applying for Work Whilst Barred

It is a criminal offence to apply for work to which you are barred by the DBS. Section 7 states the following:

7) Barred person not to engage in regulated activity

(1)An individual commits an offence if he—
(a)seeks to engage in regulated activity from which he is barred;
(b)offers to engage in regulated activity from which he is barred;
(c)engages in regulated activity from which he is barred.
(2)A person guilty of an offence under subsection (1) is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
(b)on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

The maximum sentence on conviction for applying for work whilst barred is 5 years imprisonment.

DBS Safeguarding Vulnerable Persons Prosecutions

There are also separate offences for employers failing to conduct checks or permitting people they know or suspect are barred from working in a regulated sector.

Criminal Defence Disclosure and Barring service (DBS)

If you are charged with or under investigation for a Safeguarding Offence then please get in touch.

Can you get a Police Caution Removed?

Along with defending criminal allegations we are also very experienced in applying to the DBS to appeal an application to place someone on the barred list, appealing disclosures on DBS certificates and also applying for the expungement of police cautions or youth warnings (now called youth cautions).

Please get in touch to speak to an expert Disclosure and Barring service (DBS) solicitor.

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