Implications Of No Further Action
Where there has been a Police investigation which has concluded with No Further Action (NFA) being taken, your first thoughts and feelings are going to be of relief.
Relief that you are no longer under suspicion and that the ordeal of the investigation is over.
However, the fact that you were arrested on suspicion of a criminal offence will remain on your record. And that can leave a series of questions left unanswered for anyone inspecting your record, whether that be for employment or travel purposes.
They might ask, so were they innocent? Or was it that the Police just didn't have enough evidence against them to proceed? Are they really of good character, or do I need to worry about offering them employment?
In addition, did you know that some countries don't allow you to visit for a holiday, business, or to emigrate if you have an arrest record?
Imagine travelling abroad for important business and not being allowed into the country you need to meet that really important client or even going on honeymoon and not being allowed into the country where you plan to start your married life. It can have devasting effects on your professional and personal life, which can all be avoided.
Victims' Right to Review
Another critical aspect of law to consider is the Victims' Right to Review Scheme, launched by the Police in 2013.
The scheme allows victims of certain alleged crimes to request a review of the decision made by the Crown Prosecution Service (CPS) not to prosecute a matter or to stop a prosecution. In other words, where the CPS has made a finding of No Further Action, that might not necessarily be the end of the matter.
The victim of the alleged crime may be eligible to request a review of the decision made by the CPS and will have three months overall to apply for such a review. If the review is undertaken and the
CPS feel that, as a result, an alternative decision should have been made, it could mean that the case is re-started. Therefore, it is always advisable to seek expert legal advice regarding a decision of No Further Action.
Contact Monan Gozzett
If you would like to have a fresh start and have your arrest removed from your record, please speak to our team of lawyers who are experts in record deletion.