Saunders Law successfully applied to have a police caution removed.
Our client was wrongfully issued a caution for being in possession of a controlled substance with intent to supply when she had only admitted to being in possession of a controlled substance. Whilst being searched for entry into a nightclub, our client was found in possession of a controlled substance.
After nearly sixteen years, our client applied for a visa to move to the US but was shocked when her visa was refused due to her not disclosing the full offence of her police caution. Unbeknownst to her, the offence shown on her caution document (which she signed) was different to the offence entered on her Police National Computer (PNC) record. Our client instructed us to make an application to have the caution fully removed or, if it could not be removed, to have the PNC updated to reflect the correct offence. After reviewing the documentation received from both the police and ACRO, Saunders Law made an application for record deletion under the ground that it was no longer in the public interest to retain the caution on her record.
Under the ground of ‘Public Interest’ we made the following arguments:
- Our client was very young at the time of the incident and naïve,
- Due to the offence she was arrested for, she was strip-searched which left her humiliated and terrified,
- She was never informed of the implications of a police caution,
- Due to the police caution she had to drop out of her course and change her future aspirations,
- Over the 15 years, she had turned her life around and has been very successful in her career but reached her limit when she was unable to be promoted due to the police caution,
- The police caution was preventing her from moving to another country,
- She never admitted to, or signed a caution document, for the offence that was wrongly entered on the PNC.
Saunders Law made the application in March 2023 and were notified of the successful outcome in May 2023. The police caution was entirely removed from the PNC.