How to remove my name from Police records.

I often represent individuals who, through the course of police investigations, end up with their name on the police national computer database.

The police hold records for every incident that they investigate, this can be by virtue of records of 999 calls and records of police attendances at addresses and other investigations. These records are held for a long period of time and they are stored regardless of whether the allegations end in prosecution.

This means that often the Police will hold information that is one sided or misleading.

Many people are very sensitive about this. For a start, knowing that incorrect details are held on a government system is distressing for obvious reasons.  An accusation of criminal behaviour is a serious matter and these records are capable of being accessed and can be used for many different purposes. These can include disclosure to the Family Courts, enhanced DAB checks and public interest searches such as when one applies for a shotgun licence.

How do I remove my name from Police records?

The rules are outlined in the Home Office Counting Rules for Recorded Crime (HOCRRC), these outlined how a crime recorded on the police system can be removed from their records.

The rule in question is C2:

"C2: Cancelled: Additional verifiable information (AVI) is available that determines that no notifiable offence has occurred the crime may be removed."

So, the important issue relates to the fact that additional verifiable information should be provided to police showing that the crime has not taken place.

Additional information is self-explanatory- this means information that the police are not already in possession of. The key word here is ‘verifiable’ this means objective evidence that is capable of being independently checked. This information must by its nature be reliable and accurate.

The probative force of additional information will depend upon its nature. Eye witness evidence may have some force dependent upon who the witness is and the circumstances of the observation. Whereas CCTV or DNA evidence would be more robust as it is of a truly objective nature.

If the police receive this information and are satisfied beyond reasonable doubt that no offence has been committed, they should remove the record. The use of the word ‘may’ implies an area of discretion and it is advisable to seek legal advice on the circumstances of each case.

Can I challenge a Police decision not to remove a crime record?

In short, yes.

Such a challenge will succeed if the decision is what lawyers call ‘Wednesbury unreasonable’, this means that no reasonable decision maker taking account of all relevant factors would come to the decision reached.

In order to challenge the decision correspondence should be entered into with the Chief Constable of the relevant force seeking removal of record. The matter will then be referred to a ‘designated individual’. That person is independent of the investigation and will come to a separate decision, in accordance with the relevant Home Office Rules. This decision is overseen by the Force Crime Registrar and is considered the Registrar’s decision.

If the decision is against the application then there is a further tier of review by way of a reference to a "no crime panel" who will re-evaluate the matter and either uphold or reject the decision of the Force Crime Registrar. If this further level of review is against the applicant then the judgement of the panel will contain written reasons.

The final tier of appeal is by way of a judicial review of the decision of the panel. Any such action must be launched within 3 months of the decision of the panel. This is a specialist and legally complicated route that can come with some expense. Therefore, any person considering a judicial review action should make sure that they are fully advised.

The leading authority on a judicial review of the appeal process is R (on the application of Pitts) v Commissioner of Police for the Metropolis [2017] EWHC 646 (Admin). In that case the claimant sought a judicial review of the defendant's decision that rape allegations made against him by his adopted sister should continue to be categorised as an offence after he was notified that no further action would be taken against him. The case concerned the interpretation of section 2 of the Home Office guidance, Crime Recording General Rules, which provides that where "additional verifiable information" is available that no notifiable offence has occurred, the crime might be removed from the records. The judgement outlined that a challenge to the defendant's decision would only succeed if the decision were shown to be unreasonable or irrational. In the circumstances of Pitts the Court found that a reasonable decision-maker, taking into account the relevant factors, would have concluded beyond reasonable doubt that the claimant had not committed the crime alleged.

If you have discovered that the Police hold records about you that you wish to have removed it is advisable to seek legal assistance as the process can be factually and legally complicated.

Quentin Hunt is a specialist Criminal Defence Barrister who has been assisting people with disputes with the police for over 22 years. He accepts instructions through solicitors and directly from members of the public. If you require assistance you may contact Quentin for a no obligation conversation about your case.