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Caution Challenged - Consideration for a caution to be
removed from a PNC record
Version .3
To provide an overview for the MPS procedure
Specialist Crime & Operations / SC&O12
18/08/2015
17/08/2017
The Procedure
All requests received by the Metropolitan Police Service (MPS) to review or remove a
caution will be referred to the Early Deletion Unit (EDU) for processing.
Cases may originate from an individual directly, (or via their representative), units
within the MPS e.g. the Directorate of Legal Services or the Directorate of Professional
Standards.
Applicants should complete the MPS process for the review of a Caution prior to
seeking a Judicial Review.
The process will be overseen by the EDU and a Commander from Specialist Crime &
Operations (SC&O) will make the final decision on all requests.
When a request is made the individual will initially be sent a communication either
advising that the request is being processed or asking them to provide copies of
official documents which provide sufficient information to prove their full name,
date of birth and current home address (this must be the same address as the
given contact address) and should also show their signature.
NB: In the case of a representative, a signed letter of authority to act on the
individual’s behalf is required. This is to avoid any possible breach of the Data
Protection Act 1998, ensuring the EDU is dealing with a bona-fide applicant.
The individual will be invited to state the grounds upon which they believe the caution
should be removed from the Police National Computer (PNC). They must also supply
in their own words the full circumstances and reasons that led to their arrest and
cautioning. This will allow the SC&O Commander to review their case in detail and
provide the individual the opportunity to submit their full contention.
A PNC check will be made to confirm the entry relevant to the request for
consideration for removal. This PNC check will enable the EDU to view the individual’s
entire PNC record.
Roles and Responsibilities
The EDU will process any request after proof of identity has been confirmed to their
satisfaction by preparing a report for the SC&O Commander for consideration. This
report will consist of information supplied by the individual and the officer in charge of
the case, (or the equivalent member of staff from the borough). Interview tape(s),
officer(s) notes, custody record and any other relevant documentation will be retrieved
from the arresting officer’s borough.
When applicable; advice will be sought from the MPS Directorate of Legal Services.
The file will then be passed to the SC&O Commander for a final decision.
If a decision to remove the caution is made the EDU will advise the applicant and
contact the respective departments to ensure that the PNC record is amended
accordingly. The applicant will be advised when the amendment has been made.
If a decision is made to retain the Caution the EDU will send a response to the
individual notifying them of this.
Once the individual has been notified of the decision to deny the request to expunge
the caution there is no further recourse available within the MPS.
It is possible to seek judicial review of the caution if the applicant is not satisfied with
the result of the EDU’s review. If applicants seek judicial review instead of going
through the EDU process they put themselves at risk in relation to costs.
There is no statutory time limit for the EDU to process requests - However the
unit will endeavour to complete cases within 6-months.
Administration
All records / correspondence relating to these requests will be retained locally by the
MPS.
Quality Assurance
The Early Deletion Unit - Supervisor, will monitor this procedure.
Review
This procedure will be reviewed annually.
Contact Details
All requests are to be sent to the following address:
Early Deletion Unit
Room 902
New Scotland Yard
8-10 Broadway
London
SW1H 0BG
United Kingdom
Telephone: 020 7230 - 9892 / 4019
Further Information
Judicial Review Information:
www.judiciary.gov.uk/you-and-the-judiciary/judicial-review
www.hmcourts-service.gov.uk/cms/1220.htm