Dropping the charges
Question
My wife and I had a row; she hit me and then called the police. The police ended up arresting her and after, we both made statements, she was given a formal caution. We're now worried how this will affect her job. Can I talk to the police and get them to reverse their decision and remove the caution from the database?
Answer
In any case of domestic violence where a complaint has been made the police have a responsibility to charge for the offence. A formal caution is one of the smallest punishments for such an offence and It's doubtful that they will be able to take it back once it's been issued. You could make an appointment to see the officer who issued the caution to see if you can withdraw the complaint and see if this might lead to the caution to be removed from the record.
As the situation stands at the moment formal cautions, reprimands and warnings are not technically criminal convictions and therefore are not covered, in England and Wales, by the Rehabilitation of Offenders Act 1974. A recordable offence like assault will be held the Police National Computer (PNC) and although guidance states that cautions should be deleted after five years this does not always happen.
If your wife is in a union at work then it may be best for her to contact them to discuss how the caution may affect her job.
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Question answered by CAB
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