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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience:  Over 5 years in practice
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I've been issued with a police information notice which is

Resolved Question:

I've been issued with a police information notice which is based on a false report by someone who has actually been contacting me and my children. How do I appeal and have it rescinded?
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.

Is this an allegation of harassment?

Customer: replied 7 months ago.
But it is completely untrue / in fact the opposite is the case.
Customer: replied 7 months ago.
My immediate concern is appealing it and having rescinded.
Expert:  Jo C. replied 7 months ago.

Why do you want to have contact with this person?

Sorry for the delay.

Customer: replied 7 months ago.
Hi Jo,I don't want any further contact with this person.My job requires that I am CRB checked and often require SC clearance. I am therefore very worried about having a PIN against my name. Especially so when it is baseless and there has been no harassment. The events leading up to this are as follows:My ex-girlfriend contacted by email on Wednesday saying she was drunk and could she stay.
I agreed and we slept with each other. We also arranged to go out on the Friday night, which we subsequently did. Towards the end of the evening we had a conversation about whether she had given me an STD. At the end of this exchange we agreed to go for another drink but we lost each other in the crowd.
About an hour later she phoned and then texted one of my children and asked where I was, and who I had been seeing the previous weekend. He told her that he and I had been in watching tv that weekend and that I had seen no-one, which was the case.
When I got home I noticed that her car had gone meaning she had driven home drunk. I did not attempt to contact her
The next morning I got a call from the police claiming I'd harassed and threatened her, neither of which are true.My question remains, how do I appeal the PIN and have it removed from any records?Thanks,James
Expert:  Jo C. replied 7 months ago.

I see your problem.

The difficulty with this is that it is not the PIN but the fact of the allegation that is recorded on DBS.

However, I can completely see why you would not want this on your record. The difficulty with PINs is that they have no status in law. They are entirely an invention of the police essentially to deflect allegations from prosecution.

However, you can ask them to remove it. It would probably be better to get a solicitor to write to them asking them to reconsider.

If they refuse then you could judicially review that decision although that is a very expensive action to take and one with a high test. You might well find somebody at the Bar Pro Bono Unit would offer representation for free as it is a point of public interest but you would stil have to bear court costs.

Can I clarify anything for you?

Jo

Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 7 months ago.
Hi Jo,Thanks for reply.If I've understood you a PIN is issued without any investigation into the veracity of the claim, no statement and apparently little or no recourse? Yet it will show up when my CRB / DBS or future security clearance is applied for. That seems very unfair and, as in this case, open to abuse.I'll take your advice and engage a solicitor to write to the police and ask for the PIN to be rescinded.Again, thank you,Best Wishes,James

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