A police caution (now known as a ‘simple caution’) is a formal alternative to prosecution in minor cases.
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:
- Your DNA and/or fingerprints were taken unlawfully
- Where you believe that your arrest was unlawful or was based on you being mistakenly identified.
- Where it is established that no crime has been committed.
- Where you have been arrested and charged, but the case has been withdrawn at any stage, and there is corroborative evidence that the case was based on a malicious or false allegation.
- Where there is corroborative evidence that you have a proven alibi and as a result have been eliminated from the enquiry after being arrested.
- Where the disposal options applied by the Police following your arrest are found to have been administered incorrectly.
- Suspect status is not clear at the time of arrest.
- If, in the course of court proceedings, a Magistrate or Judge makes a recommendation that your DNA, fingerprints or PNC record should be deleted.
- Where the conviction of another person for the offence may constitute grounds for the deletion of your DNA, fingerprints and PNC record.
- 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.