How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I would like to know how to apply court records of

Customer Question

I would like to know how to apply for the court records of a case involving myself as a defendant in a trialthat took place in the Horseferry road magistrates court in the City of Westminster 1st April 2003.I was found guilty of assaulting a police officer although the doctor who had examined me after the incident the previous summer told the court that the officer who had accused me did not have a split lip ,which is what he had stated in the charge,whilst i had sustained numerous injuries at the hands of the police.I plead not guilty and had hoped that i would receive a crown jury trial but the court did not give my lawyers,***** *****pman and Co,that option.I was then found guilty of assaulting a police officer .I immediately lost my then job working for Continental Landscapes on behalf of Westminster Council and have not been able to use my teaching qualification (TEFLA) to teach English anywhere within the EU as a result of the conviction.My only source of income in the last 12 years has been as a self-employed gardener.

I am asking you now how do I go about trying to clear my name?

The reason i am asking now after so many years is that

I am having to present a background police report to the Ministry of the Interior in Israel because my Israeli girlfriend wants me to receive permission to come and live with her as her partner with the right to work.I have been advised that i need to appeal the decision of the Horseferry road magistrates court in order to have a good chance of making a successful application

.Can you help me ?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What records do you want ?
Customer: replied 2 years ago.

Hi Alex,

I want to appeal the decision of the court on 1st april 2003 and

specifically,i want the record of the witnesses statements made in court ,most importantly the statement made by the doctor who had examined me whilst in Police custody on the night in question on 31st August 2002 at the west End central police station.

Expert:  Ash replied 2 years ago.
Why have you waited 12 years?
Customer: replied 2 years ago.

I was advised at the time that it is very difficult to get a favourable appeal when accused of assault by the police.

It wasn't until i was told that i had to present a background report that i discovered that the conviction is still on my police record although it is 12 years since the conviction.

Expert:  Ash replied 2 years ago.
You have a limited time to appeal, which is 28 days. Clearly you are out of time, so you can appeal of out time. However given the length of time that has elapsed I don't think you would be successful.
But there is nothing stopping you. However in reality the courts won't have the original documents because the Length of time. They are only required to keep them for a reasonable period under the data protection act which is accepted as being around 5-6 years.
I am sorry if this is not the answer you want and certainly not the one I want to give you. But I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Is it possible to get the police record removed then-the PM had stated that records would be removed after a similiar amount of time as court records as according to the Data protection Act-5 years or so.?

Expert:  Ash replied 2 years ago.
A record may be spent. But it can only be removed with a court order.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex