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Dear Moderators,
10yrs ago (2002) I was involved in a incident whereby I was taken to a police station by police (not arrested as they said at the time) and kept overnight but released the next day. What happened was...my ex-girlfriend (at the time) and I had been drinking and we ended up in a argument where ornaments and pictures were thrown by her and crashed on the floor by me. She attacked me with a object which cut my back, I naturally defended myself by grabbing her and pushing her to the floor. Being drunk I 'DID' stumble over her accidently standing on her back. I know what you might think at this stage this guys trying to shift blame and make out nothing was his fault, but please believe me it's true. Plus I'm good friends with the ex despite what happened and we were together for 7yrs, successfully raising her son. By way of her helping, she will back me up with corroberating the facts of that night. The police were called and the rest is as I've outlined above.
As I'm entering mediation with my current ex over our daughter and kind of thinking the worse, (because she is very uncooperative) I think it may go to court. I've done some research and found that if CAFCASS are involved they will obtain reports and this incident can go against me. I was never charged as it was an argument which admittedly got out of hand on both sides! The information is retained on the PNC (Police National Computer) and I'm going to investigate if the information on the report can be removed?!?!
I'm a good bloke and have always provided and support the people I've been involved with and continue to do so. I'm so scared but equally a willing and passionate loving Father who wants mediation to work for my beautiful baby girl. I'm holding down a fantastic career and trying to brave face but I have feelings and not being with my daughter is ripping me apart.
Can someone advise on the above and if there's any preventative legal action I can take (apart from the obvious solicitor involvement), I just want t be prepared.
Many thanks for your help
N
Hi there,
I dont think you have too much to worry about. Usually convictions are on someones record for 10yrs but I would imagine as children are involved, this information will be available to CAFCASS under enhanced disclosure. Even though you weren't charged or convicted, the arrest will still be on record and I dont think you have the power to have this removed.
As it's such a long time ago and the police didn't consider it serious enough to take it further, I would just be upfront about it from the off. Better that then them having to raise it with you, which would put you on the back foot.
Of course you could always take the chance of them not applying for an enhanced CRB check , but if the ex knows about it she may bring it up.
If you google CRB check you can actually pay a fee and see what would come up on your report, if you wanted to be sure. If you decide to do that I would go for the Enhanced disclosure, it costs more but that is usually the check that is done when children are involved.
You could also have a look at the CAFCASS website and see if there is any information on the checks that they do...you could ask the moderators to ask CCLC to comment from a legal standpoint.
Once again many thanks NannyJane,
I contacted the police advice centre (today) which put me through to the department whereby they issue this information about you and any incidents you were involved with. They advised it's not a criminal record and that actual incident was concidered a 'write-off', mainly becuase is was just an arguement that got out of hand. A high percentage of domestic incidents end that way. Nevertheless and I completely agree I will be upfront should it get to that stage, the ex knows anyway, because I was honest in our relationship. She also 'claims' which I query now, she was in a previously violent relationship with her son's natural father (who he never sees btw).
I didn't realise you could do a CRB check on yourself..? That's why I was advised to pay £10.00 and complete a form, take it into a police station and they would search their computers. Since the 'Holly & Jessica' law police have an obiligation to retain all records, accounts of events etc.
We spoke last night relating to other matters and I will let you know how mediation goes this Friday.
Thank you again for your help.
N
It may even be worth asking the lady involved in the incident to wright a reference for the courts outlining what happened and what a support you were in raising her child.
Darren
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