Rehabilitation

Too many people, when arrested by the police for the first time, are persuaded to accept a caution in order to end matters whilst still at the police station. This will often happen for youths, especially where solicitors have not been called out to advise in the police station and parents attend who, understandably, want to see this awful experience over and dealt with.

Too often what seemed like a good idea at the time turns out to be something that dogs you in later life as you apply for employment where a Criminal Records Bureau search has to be carried out.

The police unfortunately tend not to be proportionate in many cases, and release information that was “spent” under the Rehabilitation of Offenders Act 1974 many years previously. Even though these may have been for very minor matters they often have a significant impact on a person’s employability in later life.

You may also find that in a Criminal Records Bureau check the police also include details of an arrest where there was no evidence to proceed against you – not even to suggest or support the offer of a caution.

On the face of it there would seem to be no complaint against the search or the records on which it is based, but in fact the Court of Appeal has made it clear that the provisions contained in the Police Act 1997 are incompatible with Article 8 of the ECHR and you may be entitled to a declaration of incompatibility not only for the Police Act but also in relation to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. You may find that in fact the issue can be resolved by us in correspondence with the Chief Constable. The issue may be of such importance to you that you will find that it is worth incurring some legal expense to try to clear these matters out of your CRB check.

Contact Dennis Clarke to discuss problem and satisfy yourself that we can offer the skill and service that you need. In normal office hours ring Dennis Clarke on 01732 360999.

Clarke Kiernan, Human Rights solicitors,
2 – 4 Bradford Street, Tonbridge, Kent. TN9 1DU
Phone: 01732360999, Fax : 01732353835, fraud@clarkekiernan.comMap