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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70633
Experience:  Over 5 years in practice
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SOmeone received a' bound over' decision months, in

Customer Question

SOmeone received a' bound over' decision months, in 2006...incurred during a divorce in adomestic argument . The order was not breached, but continues to reappear on his CRB check, and he fears it will affect his employability. I understand it will laps in 2019. Can action be taken to remove it?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
On what basis is he hoping to remove this?
He accepts that he was subject to it? He accepted it at court?
Customer: replied 2 years ago.

I don't understand your : 'on what basis is he hoping to remove this?'

eg. I would want to know ANY method, and an indication if/ what it would cost. I write because his English is not too perfect,....

I was at the hearing in Barnett MC. He agreed he had shouted but pleaded not guilty to harassment. His solicitor said; the CPS wanted to close the case...and suggested she would agree to be 'bound over for £50.-' Which was done. He has spoken only once to his ex wife since

Since then he has married in 2004 and has two kids. He feels this is a criminal record' and will hamper his job application.

Expert:  Jo C. replied 2 years ago.
I am sorry but there isn't a basis.
This is a bind over. He must have agreed to it. Therefore any appeal would effectively be like appealing a guilty plea. It is possible to do that but only on the basis that the plea was not equivocal. The risk of that is that they will revive the charge and he may be convicted. In any event, he is out of time to appeal now.
I do realise that this bind over is unattractive and may well be having an adverse effect upon him but that is not a ground to appeal it.
It would not show on basic checking anyway but will show on enhanced checking.
I am sorry but I can only give you truthful information.
Can I clarify anything ?
Jo
Customer: replied 2 years ago.

Thank you . This suffices. He has meanwhile received a reply from the PCO (Public Vehicle ) licence office saying that after all these years behaving impeccably, they do not consider this serious and it should not affect his job application.

Puck de Raadt

Expert:  Jo C. replied 2 years ago.
No, people probably will not. It is a very old bind over. It isn't a criminal conviction.
The only issue is whether it will be revealed at all but I don't think anybody would act against him even if it were.