Saunders law does it again- another successful caution removal
A police caution (now known as a 'simple caution') is a formal alternative to prosecution for minor criminal charges and available to anyone aged 10 or over.
A simple caution is only offered to a person who has admitted to committing the offence and must not be given to an offender who does not agree to accept the simple caution.
It might seem like an easy way out at the time, but cautions can show on standard and enhanced Disclosure and Barring Service (DBS) checks. It can affect your job prospects, your travel arrangements, and your future.
Saunders Law acts for clients who have been wrongly issued with a police caution or who have accepted a caution after being misinformed of the law. We make subject access requests (SAR), go through all the evidence and analyse the matter before making an application to remove.
Saunders recently secured the deletion of a simple caution and all personal data held by the police on behalf of our client, A.
Facts
A was issued with a caution in 2018 for the offences of wilful assault on a young person under 16. A's daughter had a mark on her hand which the police believed was caused by A using a stick to cane his daughter.
The Court of Appeal in the case of R v H, adopted the guidance set out in the case of A v UK and considered the factors to be considered where a defence of reasonable punishment is raised. Therefore, in such case, limited to common assault by s58, the following factors will assist in determining whether the punishment in question was reasonable and moderate:
- The nature and context of the defendant's behaviour;
- The duration of that behaviour;
- The physical and mental consequences in respect of the child; and
- The age and personal characteristics of the child.
Saunders Law made an application for deletion of the simple caution from the Police National Computer on L's behalf for the following reasons:
- The implications of a simple caution were not explained;
- He did not make a full admission to the offence;
- The alleged victim does not support the imposition of the caution; and
- There was no realistic prospect of conviction
Our application was successful, and the caution has been removed from A's record.
Being interviewed at a police station can be very stressful and frightening, and many are pressured into accepting a caution when there is no real prospect of being convicted. Anyone accused of a crime should have legal representation at the police station.
If you feel that you have reason to challenge a police caution, please contact Saunders Law either via our website or by calling 0207 632 4300 to speak to a member of our team. Please note that Saunders Law crime department only takes on private paying clients.