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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 73931
Experience:  Over 5 years in practice
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My partner is worried that she has a criminal record after

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Hi,
My partner is worried that she has a criminal record after an altercation last week when I called the police. I will spare the details of the altercation, however at the end of the police said that she will need to go to the police station for an interview.
It has been a week and she has not yet been to the station for the interview, however she is freaking out that she has a caution and it will go on her DBS record and will affect her getting a job. She is a professional in finance. I do not want her to have trouble getting a job as we have a new born together. She is unconsolable at the moment so I need urgent reassurance that she has not yet been given a caution, and how to avoid getting a caution because we both do not need this kind of stress and I regret I called the police as I wasnt aware of this risk. Sure something needed to be done but i dont want this stress for her, me and the baby.Can you please confirm if she currently has a caution considering she hasnt had a police interview yet?
If they do interview her how to avoid a caution.
And any other advice to avoid the caution and risk to her job!

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 3 months ago.
Thankyou

She won't have a caution yet but the fact that you have made this allegation against her will be an issue.

Even if nothing happens to her at all, the allegation will still show on her enhanced check DBS depending on the nature of her applications.

Calling the police is always a bad idea I'm afraid.

Can I clarify anything for you?

Jo

Customer: replied 3 months ago.
Is there anyway I can help have the allegation removed, this is very important
Customer: replied 3 months ago.
This could break our family in more ways than one and i feel justice will have failed us to be honest. It feels unjust strangely
Customer: replied 3 months ago.
Is there anything i can do

No. Allegation has been made.

Obviously you can refuse to support the prosecution now although if you have made statement they could summons you. I doubt they would do that though.

It is incredible unjust. Domestics shouldn't be the domain of the police but that doesnt help now.

Customer: replied 3 months ago.
Ok I understand now, this could have serious consequences
Customer: replied 3 months ago.
it shouldnt
Customer: replied 3 months ago.
What do you recommend I do. Is it worth going to the police and discussing with them the implications and our horror at how this will effect us

No, just do nothing. You can't undo the earlier mistake. All you can do is make better decisions now.

They can't prosecute this without your support.

At least she can walk away with nothing save for the entry on DBS which will only show on enhanced checks

Customer: replied 3 months ago.
They did say someone will call and try convince me to make a statement, but I have not heard from them yet. I told the officers that I wont make a statement, is this the same as refusing to the support the allegation?

Yes, just refuse. You are perfectly entitled to do that.

Customer: replied 3 months ago.
Ok thanks

No problem and all the best.

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