Hello

I foolishly accepted a Simple Police Caution for Fraud in Sept 2016.  I had been mentally unwell from the time I was arrested and on bail.

I have had mental health problems since childhood and the police required an Appropriate Adult to be present when I was questioned and indeed with all interactions with the police.

I did not admit any guilt during my interview.  When I went to sign the Caution at the police station, the Appropriate Adult was a man who was also arrested for the offence, and he was a suspect and involved in the investigation.  At that time, he was bullying me into accepting the Caution.
A friend wrote to the police and got this response:-


I have tried to have the Caution deleted from my police record because the police did not follow the correct procedure with regard to Appropriate Adults but they have, so far, refused to delete the Caution.

Can anyone please give any advice?  Or recommend a law firm who can assist me, on Legal Aid?

As a mentally-disabled adult, this is having a significant impact on my life.  

Thank you.

Hi 

It's outrageous that the police allowed a person suspected of the same offence for which you'd been cautioned to be your Appropriate Adult and it's likely that you'd have a good case for having the caution deleted. I've attached a link to our information page relating to this which you may find useful - https://hub.unlock.org.uk/knowledgebase/retention-deletion-police-records/.

Although you can apply personally to have cautions deleted I would suggest that due to the complexities of the situation, it may be wise to seek legal advice from a solicitor. 

It may also be worth you speaking with the National Appropriate Adult Network. Their contact details are:

Email:   admin@appropriateadult.org.uk
Telephone:  07739 904 858

If you need any further information or advice, please give our helpline a call.

Kind regards

Debs

  

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