Overturning Police Cautions

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.

An application for record deletion can be if one of the following are met:

1. Your DNA and/or fingerprints were taken unlawfully
2. Where you believe that your arrest was unlawful or was based on you being mistakenly identified.
3. Where it is established that no crime has been committed.
4. Where you have been arrested and charged, but the case has been withdrawn at any stage, and there is corroborative evidence that the case was based on a malicious or false allegation.
5. Where there is corroborative evidence that you have a proven alibi and as a result have been eliminated from the enquiry after being arrested.
6. Where the disposal options applied by the Police following your arrest are found to have been administered incorrectly.
7. Suspect status is not clear at the time of arrest.
8. If, in the course of court proceedings, a Magistrate or Judge makes a recommendation that your DNA, fingerprints or PNC record should be deleted.
9. Where the conviction of another person for the offence may constitute grounds for the deletion of your DNA, fingerprints and PNC record.
10. Where you believe the Chief Officer should determine that there is a wider public interest to delete your DNA, fingerprints or PNC record.

Saunders Law represent caution clients on a daily basis. We obtain all of the documents relating to the caution from the police and will submit an application for record deletion with a letter enclosed setting out the grounds for the caution to be removed from your record.

We have been successful in removing many caution removals. Some of our success include:

• Client M - Assault of a police officer
• Client S - Actual bodily harm and criminal damage
• Client S - Common assault
• Client J - Harassment, putting people in fear of violence
• Client J - Causing or inciting the sexual exploitation of a child
• Client A - Wilful assault of a young person under 16
• Client P - Possession of a class B drugs

If you have a caution on your record that you would like to be removed, please contact our team who will be happy to assist.