Police Caution Removed – Experienced Lawyer Who Can Help
Police cautions are a method of dealing with criminal allegations by the police, and have become more and more common. However, they are often issued and accepted by suspects without a proper explanation of the consequences. It may be that you have received a caution, but only much later fully appreciated its impact on your criminal record, and on your prospects of finding work in the future.
- Maybe the police suggest that a simple police caution was a “slap on the wrist” and wouldn’t harm your future.
- It might be that you were afraid of being taken to Court and that if you didn’t accept the police caution things would get much worse.
- You may have felt that you were innocent but were pressured to admit the offence and accept a police caution just to get out of the police station as quickly as possible.
- Maybe you were too embarrassed to get professional advice.
PLEASE CALL ON 0800 4334 613 FOR A FREE AND WITHOUT OBLIGATION DISCUSSION ABOUT YOUR CASE, OR SEND AN ENQUIRY FOR QUICK ADVICE.
Police Cautions: Regulated Jobs
If you intend to work in regulated employment, or you do so at the moment, then you will want to consider removing any police caution as soon as possible. Those in regulated employment include doctors or other health care professionals, lawyers, teachers, social workers, police officers and some government employees.
If you are involved in one of these professions, then a caution on your record is likely have very serious and long standing implications on your future work.
If you work or wish to work in a regulated environment then you will usually need to undergo a standard or enhanced Disclosure and Barring Service (DBS) background check (formerly a criminal records bureau CRB check).
Enhanced and Standard DBS Checks
If you have received a caution for a less serious offence, then even on a standard DBS Check it will mean up to 6 years. If police cautions are given in receipt of more serious criminal allegations, the caution will always be disclosed.
On an enhanced DBS check, even for less serious offences, the police retain a discretion to disclose the facts surrounding a caution on a DBS certificate. Even if you did not receive a caution, but were simply investigated for a criminal offence, then this can still be disclosed on an enhanced DBS certificate.
If you have been given a police caution, you may also be subject to inclusion on the DBS barring list if you are deemed to be a risk to children and/or vulnerable adults. Much will depend upon the seriousness of the allegation, and the nature of your employment or other potential exposure to children or vulnerable adults. Again, this can seriously affect any job applications in the future.
Can I Get a Caution Removed?
The short answer is yes! There are a number of processes which allow you to make complaints about the way in which a police caution was issued to you. If successful, the caution can be removed from your record. The police are required to follow a defined procedure at the police station, and if they have not properly followed this procedure, then you will have a good argument for the caution being removed.
In the initial stages, Richard Wood of Criminal Matters can help you to lodge a complaint with the police force that issued the caution, or alternatively, the Independent Police Complaints Commission (IPCC). If this fails, then you can bring a claim for Judicial Review in the High Court. However, you should be aware that the time limit for bringing Judicial Review proceedings in respect of the issue of a police caution is up to 3 months. So please make sure to seek legal advice as soon as possible after the caution has been issued.
Can I get a DBS Information Removed?
Similarly, there are procedures which allow you to make representations about the information held and disclosed by the DBS. If successful, this will significantly affect the amount and nature of information any prospective employer will find out about your past. Again, it is recommended that you take legal advice before embarking on this type of complaint.
Richard Wood of Criminal Matters is an expert in dealing with these types of matters for his clients. He is likely to have dealt with a number of situations similar to the one that faces you at the moment. He has been a barrister for over 20 years and is in Chambers in London, but also works all across the country helping people like you with their legal issues.
If you need free, no-obligation advice about a police caution, or information held by the DBS, or about any other matter, then please contact Richard Wood on 0800 4334 613 for a discussion about your situation.