Success Continues – Another Police Caution Deleted
Saunders Law has successfully applied to have a caution removed.
Our client whilst at university went to a bar with several friends. Several hours and alcoholic drinks later, our client and their friends left the bar and got into an altercation with another group of students. Both groups separated and then went back to their accommodation. Our client was then later arrested. Ultimately, he was issued a caution for Assault occasioning Actual Bodily Harm contrary to section 47 of the Offences Against the Persons Act 1861.
After 26 years, our client instructed us to make an application to have the caution removed. 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 his record.
Under the ground of ‘Public Interest’, we made the following arguments:
- Our client was young and naïve at the time of the incident,
- He was intoxicated at the time,
- He had denied the assault allegation repeatedly in interview,
- He was never informed the police caution was for ABH, and instead believed it was for common assault (ABH is a non-filterable offence, whereas common assault is filtered from a DBS check after six years),
- He was not informed of the implications of accepting a police caution,
- It has been over 26 years since the incident,
- He is of good character,
- The caution was preventing him from progressing in his career,
- The caution was restricting his travel.
Saunders Law made the application in May 2024 and received the successful outcome in July 2024.