Another successful deletion of a police caution
A police caution (now known as a 'simple caution') is a formal alternative to prosecution in minor cases. A caution forms part of your criminal record and may be referred to in future legal proceedings and, in certain circumstances, may be revealed as part of a criminal record check. It can also have an effect on international travel and emigration.
In order to issue a caution the police must follow the correct procedure. This includes informing you that you are entitled to free legal representation, whether this is the duty solicitor or a solicitor of your choice. The implications of a caution must also be explained. If the police neglect to follow the correct procedures you may be able to challenge a police caution and if successful, have the caution removed from your record.
You can only be offered a caution if the following conditions are met:
- You admit guilt and do not offer a defence;
- there is sufficient evidence to provide a realistic prospect of conviction if you were to be prosecuted; and
- you consent to the caution.
Saunders recently secured the deletion of a simple caution and all personal data held by the police on behalf of our client, O. Rianne McCartney, a solicitor in our Criminal Defence and Regulatory team, acted on behalf of O.
O was issued with a caution in 2017 for the assault of a police officer. The incident arose during a fight outside a nightclub which O became involved in as he was trying to protect a friend. The police eventually attended and got caught up in the general mayhem and it was at this point that O allegedly hit a police officer.
O did not admit this offence in interview, he was subject to oppressive questioning and the implications of a caution were not explained to him.
Saunders Law made an application for deletion of the simple caution from the Police National Computer on O's behalf.
This was successful and the caution has been removed from O's record. O is currently studying a Masters in Accounting and Finance and having a caution on his record would have had a large impact on his employment prospects in the future as finance is a regulated industry which requires enhanced DBS checks.
Being asked to attend an interview at a police station can be a very stressful and terrifying time, many are pressured and forced into accepting a caution when there is no real prospect of being convicted. Everyone is entitled to free legal representation at the police station.