Police Caution removals

In order to lawfully 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 and effect of a caution must also be explained. If the police neglect to follow the correct procedures we 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 succeed 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 Where you have been arrested and charged, but the case has been withdrawn at any stage, and there is corroborative evidence that the case was based on a malicious or false allegation.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 had an alibi and as a result were 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 represents caution clients on a daily basis. We obtain all of the documents relating to the caution from the police and the previous solicitor 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.

Saunders Law have successful represented many clients in removing cautions from their records. Some examples are:

• O was issued with a caution in 2017 for the assault of a police officer. The incident arose during a fight outside a nightclub which O became involved in as he was trying to protect a friend.
• J was issued with a caution in 2016 for causing or inciting the sexual exploitation of a child contrary to s.48 of the Sexual Offences Act 2003. J was thirteen at the time and was reported to the police by two girls from his school who had been contacted by someone using an anonymous account on Instagram asking them to send nude pictures of themselves.
• 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.
• T was issued with a caution in 2007 for harassment putting people in fear of violence contrary to Protection from Harassment Act 1997. T was living in constant fear at the time of two men wearing balaclavas and attempting to break into her car on several occasions. T received no assistance from the police and put up a banner with an attempt to deter these two men away. Unbeknown to our client, the wall that she hung her banner on, belonged to her neighbour, who called the police complaining it was abusive.
• L was issued with a caution in 2015 for the offences of ABH and criminal damage. The incident arose after L was locked out of her home following an argument with her sister. She attempted to get back into her sister’ house to collect her property, which resulted in the front door being broken and scratches to her sister’s wrist and chest and the police being called.

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If you have a caution on your record that you would like to be removed, please contact our Crime and Regulatory team who will be happy to assist. Please call us on 020 7632 4300 and our team will consider the facts of your case to see if you meet the conditions discussed above or Make An Enquiry and we will contact you.