B P Collins’ criminal team explains the process of removing a police caution from the Police National Computer (PNC), plus the eligibility criteria and costs involved.
What is a police caution?
A police caution is a formal warning issued by the police in the UK when an individual admits to a crime. While it is not a criminal conviction, it can have significant long-term consequences, as it can appear on your criminal record and may affect your employment, travel, and other opportunities.
There are two types of police cautions:
- Simple caution: A warning with no further conditions attached.
- Conditional caution: Involves additional requirements, such as paying a fine or completing a specific task, for example, writing an apology letter to the victim.
Can a police caution affect you?
While a caution is not a conviction, it can have serious repercussions including:
- Being recorded on the PNC until you turn 100 years old, unless you apply for its deletion.
- Showing up on a Disclosure and Barring Service (DBS) check, affecting jobs involving vulnerable individuals.
- Travel restrictions to countries like the USA, Canada and Australia due to visa issues.
- Employment consequences, especially for roles requiring a clean criminal record, such as in teaching and healthcare.
How to remove a police caution from the PNC
To remove a police caution from the PNC, you need to apply for expungement. However, you must meet specific criteria to be eligible for this process. Your police caution may be deleted if:
- You were under 18 and no appropriate adult was present during the caution.
- You were under the influence of drugs or alcohol and didn’t fully understand the caution.
- You were coerced into accepting the caution.
- You had inadequate legal advice or weren’t aware of the caution’s consequences.
- There was insufficient evidence or a wrongful accusation.
- The offence for which you were cautioned is no longer considered a crime.
The process to apply for police caution removal
The process of applying for a police caution removal involves the following steps:
- Gather your information: You’ll need to provide your full name, date of birth, and details about the caution, including the date, location, and offence.
- Provide evidence: Supporting evidence is crucial. This can include witness statements, medical records, legal documents, or any other relevant proof.
- Submit an application: Send your application to the police force that issued your caution. The police will review your case and decide if your caution can be removed from the PNC.
The review process can take several months. If your request is denied, you have the option to appeal, and as a last resort, you may take your case to Judicial Review.
Police caution reforms
As of August 2023, the UK government is reforming the system for police cautions. Under the new system which has not come into effect yet, the police will primarily issue either a community caution, which may result in a fine; or a conditional caution, which requires an offender to comply with certain conditions, as an alternative to prosecution. These reforms could mean that more people will end up with records on the PNC, so it’s crucial to stay informed about how these changes might affect you.
What does it cost to remove a police caution?
There is no official fee for applying for the expungement of a police caution. However, legal representation may be necessary, which can incur costs. Legal aid is not typically available for police caution deletions.
Appealing a refusal to remove a police caution
If your application is denied, you will receive a letter from the police outlining the reasons for the rejection. You have the right to appeal this decision. If the appeal is unsuccessful, you can take your case to Judicial Review at the Administrative Court.
Expert legal assistance in removing a police caution
A police caution can significantly impact your life, but it is possible to have it removed from the PNC. If you believe you meet the criteria for deletion, it’s important to act quickly. Contact B P Collins’ experienced lawyers to begin the process of removing your police caution and clearing your criminal record. With our guidance, you can improve your chances of a successful outcome. Please email enquiries@bpcollins.co.uk or call 01753 889995.
