Caution Deleted for International Student who did not realise she was a suspect

Police Caution Deleted for International Student who did not even realise she was a suspect.

We represented a client who in 2005 was unknowingly issued with a caution for Battery contrary to section 39 of the Criminal Justice Act 1988.

In 2005, our client was an international student in the North East of England. She was a victim of a theft at her student accommodation. When they both challenged the thieves, our client’s partner was assaulted and an altercation followed. Unfortunately, her partner was arrested by the police. Our client later attended the police station, believing she was going to be providing a witness statement reporting the theft. There, she did her best to provide her report to the police without legal representation or an interpreter. Her first language is not English and she could not understand what the police officers were saying. Upon leaving the police station, our client was asked to sign a document which she believed was a witness statement.

Twenty-one years later our client applied for police certificates due to visa requirements and was shocked to discover that a caution for assault (battery) appeared from this incident in 2005.

She instructed Saunders Law to make a record deletion application based on the following grounds: Incorrect Disposal and Public interest. We argued:

1. Our client was as an international student in 2005 who was led to believe that she was providing a witness statement/ formal report as a victim of theft.

2. It was never explained to her that she was being issued with a caution.

3. The implications of a caution were never explained. In fact, our client was entirely unclear about her status at the police station.

4. Our client did not have an interpreter present, nor was she offered one.

5. It has been over twenty years since the caution was issued, and our client has never been in trouble with the police.

6. The caution was impacting her ability to relocate.

7. It was not in the public interest for the caution to be on our client’s record.

In this matter, our client was treated unfairly. Due to her being an international student, she did not understand the legal procedure or what was happening. She believed she was assisting the police in an investigation as a witness to theft but was in fact treated as a suspect and issued with a police caution for assault.

We submitted the application in July 2026 and received a successful outcome in September 2026. The case was conducted by solicitor Amber Richardson, supervised by Ali Parker.

If you have any out of court disposals on your record whether it’s a caution or NFA, please contact our crime and regulatory department on 0207 632 4300 and ask to speak to Ali Parker or Amber Richardson to discuss how they can assist.