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hi. Not an edifying story i'm afraid. partner was arrested. we had an arguement at ho…

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Answer 1

Solicitor: Jo C., Barrister replied 8 years ago

If that is right then the only thing that would show on his record is the fact of the allegation and that would only appear under enhanced checking DBS.
He does not have a criminal record or a caution although obviously the fact he was arrested is likely to be displeasing to him understandably.
There is nothing that you can do about the recording of the allegation that you made. Come what may, the police were summonsed and you made a statement. I realise that you might not have realised the consequences at the time but that doesn't change the reality.
In fairness, if this is the first time you have done this then it is quite unlikely that you will be flagging up as particularly important upon their radars and the entry should be written in a way that reflects that. Obviously if it were to happen again that might change but I imagine it probably will not.
Can I clarify anything for you?
Jo

Answer 2

Solicitor: Jo C., Barrister replied 8 years ago

Yes, but they will disclose a domestic assault matter. Discretion creates risk and chief constables are not good with risk.
He can ask that it be removed which will almost certainly be refused. He could judicially review that decision which is sometimes successful but is very expensive.
Unfortunately mere phone calls to the police now arising from domestic rows do serious damage.

Answer 3

Solicitor: Jo C., Barrister replied 8 years ago

It is completely unhelpful in almost every domestic situation. I completely agree.
If you want my opinion the entire issue should be in the family courts.
I am not sure their purpose is really about meeting the justice of the situation though. It is about covering their own bottom. Ultimately they don't know your case from any other. On paper, you just look like any other case. They cannot say whether or not there is a risk of serious incidents and their purpose will be to protect themselves if there is so that they cannot be criticised.
On your second point, that is not current policy and would not succeed. In truth, I am not really sure their wish is to get convictions for domestic assault. I strongly suspect that the purpose of this aggressive reaction is to deter people from reporting it in future. In fairness, not only genuine victims do call the police to domestic rows. Some people use the police as a mediation service and it is understandable they want to stop that.

Answer 4

Solicitor: Jo C., Barrister replied 8 years ago

It is easy to tell the serious cases from the time wasters. There are lots of ways of doing it. You have to bring discretion back though and that carries risk. It is easier to just arrest in every case and also I very strongly suspect that it is a case of malicious obedience. I suspect that doing the opposite of what the complainant wants is about teaching complainants not to call the police unless they are in earnest.
The trouble with this is that some people have misused the service. I can actually see that a genuine victim of abuse might just want police intervention without any other consequences but the trouble is that the overwhelming majority are not genuine victims and are just calling the police to normal rows because it is a free service that a stand has to be taken.
Initial accounts are taken initially whether a person is drunk or not. The fact it was made in drink is something that would be considered but it is not a magic wand. Usually young ladies who do this all the time withdraw their statements on the basis that it was wrong because they were drunk at the time. In that way they escape being charged with perverting. They have their wits about them.

Answer 5

Solicitor: Jo C., Barrister replied 8 years ago

Yes, there is. I completely agree.
We all have rows. Most of us commit minor offences in the course of those rows. That is not abuse.
The trouble though is that most of us don't call the police about these rows which is why it doesn't come to attention. You would not believe the mindless trivia that some people think they can report. They would never do so if there were a charge.
If the public had any idea of the reality of what is euphemistically called domestic abuse there would be an outcry.

Answer 6

Solicitor: Jo C., Barrister replied 8 years ago

No, and it would work very well with domestics. It wouldn't deter anybody in genuine danger.
The problem is that it would stop genuine reports like old ladies reporting gas explosions. Not quite a crime but clearly something that the emergencies services should know about.

Answer 7

Solicitor: Jo C., Barrister replied 8 years ago

Yes, it will only show on enhanced.
It will come up on any occupation involving work with vulnerable people. I'm afraid that medical activities would require an enhanced check.
That doesn't mean he would not be able to continue but just that it will show.

Answer 8

Solicitor: Jo C., Barrister replied 8 years ago

I can ask customer services to lock the question after you rate but it will close it so it has to be at the end.

Answer 9

Solicitor: Jo C., Barrister replied 8 years ago

Teaching yoga probably would lead to an enhanced check.

hi. Not an edifying story i'm afraid. partner was arrested. we had an arguement at ho…

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