Olliers’ recent successful Police National Compter (PNC) case studies

Olliers’ DBS team shares their recent successful case studies relating to applications for the deletion of Police National Computer (PNC) and Police National Database (PND) records. 

Client A – application to delete the local record of an historic allegation of rape 

Allegations were made against Client A by his sister-in-law when he was aged 14. He was accused of rape over a period of three years but vehemently denied this in police interview when he was later arrested, aged 17.  

Client A is the youngest of 6 children and lived in the family home (a four-bedroom house) with his parents, all siblings and two sisters-in-law.  

The alleged victim had also made a number of allegations against other members of the household which were proven to be false.   

We were able to reiterate Client A’s instructions to the police that, due to this faith, he hadn’t engaged in any sexual activity with anyone. For each and every date the SIL had alleged she was raped, Client A was either at school or was in the house with other members of the family. We also queried why the alleged victim waited 3 years before making an allegation. We purported that Client A’s sister-in-law likely made these allegations against him as he was the youngest in the family and, therefore, the most vulnerable.  His SIL did not have legal immigration status and was most likely using this to obtain alternative housing and permanent residence.  

We were able to evidence that the alleged victim had 5 children who had all been removed from her care; the oldest of which was fostered by the family and resided at their home address. We also provided a supportive statement from Client A’s other sister-in-law attesting to the fact that she had never had any concerns over Client A’s behaviour, when aged 14 or more recently.  

The arrest was over 20 years ago and Client A has not come to the attention of the police since.  

The police agreed to remove the details of the arrest from the Police National Database.  

Clients B&C – applications to delete record of arrests in relation to allegations of domestic violence and possession of Class A drugs  

Client B and Client C were returning home from a night out in London and both admit to having consumed alcohol. They both admit to having a minor argument on their way home which was witnessed by two police officers on patrol. The officers claimed they intervened as they saw Client B slapping Client C (which was refuted) and Client C kicking out in retaliation. Upon speaking to the couple, the officers stated they also found a small bag of powder on the pavement near to the alleged altercation.  

Upon interview the officers declared that if Client C signed a waiver admitting to possession of Class A drugs they would discontinue their investigation. Client C refused and, after investigation, no fingerprints or other biometrics were found on the snap bag.  

In police interview neither party admitted to feeling at risk of violence and both independently confirmed it was a normal disagreement between the two of them. They confirmed no assaults took place and CCTV footage would actually evidence the same; contradicting the account given by the police officers. We put the argument forward that arresting both parties was totally unnecessary; disproportionate and that no crime had occurred. To keep the record of arrest would have a detrimental impact upon both concerned.

Client D – application to appeal against the decision to retain the record of arrest in relation to an allegation of common assault in a domestic setting  

Client D had previously applied to have the record of their arrest deleted but, sadly, this had been refused.  

Client D and X were in a lengthy marriage in which Client D had actually been the victim of controlling and coercive behaviour, together with domestic violence.  

X was a high-functioning alcoholic and would often become abusive when under the influence. X also had a previous conviction for common assault against a former partner. Having finally found the courage to leave X, Client D was then subjected to a torrent of verbal and physical abuse and threatened to call the police. X took it upon themselves to call the police first and reported a fictitious assault at the hands of Client D. Police officers attended and found X intoxicated but sadly arrested Client D on the grounds of common assault. They removed Client D from the property, leaving their two young children in the care of X.  

Following the imposition of bail conditions, Client D had to reside with their parents some distance away and took the children with them. Client D sought legal assistance in relation to divorce proceedings and instigated strict rules for X to adhere to following any future contact with the children.  

We were able to submit representations which included WhatsApp messages evidencing the fear that Client D was experiencing at the hands of X and showing the history of violence Client D was being subjected to. We were able to show that the couple were now divorced and there was no threat of a repetition of assault and, in fact, the only reason Client D was arrested was because X’s family were on their way to the property and the police deemed Client D at risk of further violence.  

Need a PNC Arrest Record Specialist Lawyer? 

Contact our specialist record removal team to discuss how Olliers can help you successfully make an application for record deletion by telephone on 0161 8341515, by email to dbs@olliers.com or by completing the form below.