After Outcome

Arrest records can be deleted but it is very rare as it requires a strong proof of innocence. Applications can be made to delete the arrest record by contacting ACRO. Such applications are most often successful in cases of mistaken identity. .

There is no procedure to request that fingerprints are deleted following an NFA. This is done automatically when the computer is updated to NFA. The Police make an application to the Biometrics Commissioner within 28 days for this not to happen. However, this is rare.

Even on legal aid attending your court case can be expensive. With the level of historic allegations attending your trial can often mean travelling miles from home, having to pay for accommodation.

Even if the trial is just but a few days this can add up to a few hundred pounds very quickly. If it’s one of the longer trials of 2 or 3 weeks you are very quickly looking at a lot of money.

It is advisable from the time your case arrives at the court you start to keep records and receipts of your expenses. When you are acquitted of all your charges many of these (in line with the rules) can be claimed back from central funds.

Be sure to tell your barrister that when the not guilty verdict is returned you wish them to apply for a defendants cost order (DCO).

Often throughout the allegation and processes funds become very difficult. Many people loose income. Whilst this maybe the furthest thing from your mind ensuring you apply and receive your costs can be a big help to getting your finances back in order post trial.

Some of the things you can claim are as follows:

• Travel to / from court (bus/train/air/mileage)

• Parking• Subsistence (meals)

• Accomodation

If you are funding your legal case privately the DCO can also cover recovering some of those legal fees that you have also spent. However, it is unlikely that you will recover your full legal fees. To recover legal costs you must have applied for and been refused legal aid. If you were eligible for legal aid and then chose to fund your case privately you will not be eligible to recover any legal fees either.

Generally yes, although the press are not allowed to report any matter likely to identify the complainant in most proceedings concerning sexual offences. This restriction continues for the lifetime of the complainant, unless lifted by order of the court. Such an order would only be made in limited circumstances. The defendant, if over 18, can generally be identified unless this would lead to identification of the complainant, such as when they are husband and wife.

Even on legal aid attending your court case can be expensive. With the level of historic allegations attending your trial can often mean travelling miles from home, having to pay for accommodation.

Even if the trial is just but a few days this can add up to a few hundred pounds very quickly. If it’s one of the longer trials of 2 or 3 weeks you are very quickly looking at a lot of money.

It is advisable from the time your case arrives at the court you start to keep records and receipts of your expenses. When you are acquitted of all your charges many of these (in line with the rules) can be claimed back from central funds.

Be sure to tell your barrister that when the not guilty verdict is returned you wish them to apply for a defendants cost order (DCO).

Often throughout the allegation and processes funds become very difficult. Many people loose income. Whilst this maybe the furthest thing from your mind ensuring you apply and receive your costs can be a big help to getting your finances back in order post trial.

Some of the things you can claim are as follows:

• Travel to / from court (bus/train/air/mileage)

• Parking

• Subsistence (meals)

• Accomodation

If you are funding your legal case privately the DCO can also cover recovering some of those legal fees that you have also spent. However, it is unlikely that you will recover your full legal fees. To recover legal costs you must have applied for and been refused legal aid. If you were eligible for legal aid and then chose to fund your case privately you will not be eligible to recover any legal fees either.

Although GDPR (General Data Protection Regulations) does not fully apply to police investigations you can make a Subject Access Request to the Police force that was investigating the accusation. Each force has its own web page where you will find the details to make this request. However, expect any response you do receive to be heavily redacted. The redactions will mainly be to remove details about other people.

There are three main types of check. Basic, Standard and Enhanced. Only registered employers who fall into certain criteria are authorised to carry out checks on their employees either in their own right (as they carry out lots of checks) or through an umbrella checking company.

If an employer is not registered or eligible to be registered to carry out checks then they only really have one route to doing a check on you and that is with your co-operation and it is only the basic check. They may request that you apply for the basic check and supply them with the results. In most cases they are prepared to pay for this check and part of the online application you will carry out gives the option to pay later. By doing this you are supplied with a link to forward to the employer and they make the payment. When the check is complete it is sent to you alone for you to give to the employer.

So what do the checks show?

Basic checks – This will show only convictions and conditional cautions considered to be “unspent” under the rehabilitation of offenders act 1974.

Standard Checks – This will show both spent and unspent convictions along with cautions (non-violent and non-sexual convictions are weeded out from standard and enhanced DBS after 12 years if they did not result in prison or the sentence was suspended).

Enhanced Checks – This is the one that worries our members the most as not only does it show all of the same information from a standard check but it MAY include other intelligence/information held by local police forces that could be considered relevant for inclusion for the role that is been applied for.

So where you have been investigated for a crime and either the outcome is NFA (no further action) or the case makes it to court and you are acquitted this naturally is information that the police will hold about you in their intelligence systems. There is quite a lot that can be held in local intelligence systems such as fixed penalty notices, allegations and even information about people who you live with. This is information that is separate from what is held in the police national computer such as convictions etc.

The decision to supply information for an enhanced DBS is that of the police chief for the local police force area(s). They are guided not only by their own local guidelines but principally by the statutory disclosure guidance (1) and the quality assurance framework (2).

Before panicking about this it is always important to look at the numbers. The latest numbers I have been able to obtain refer to the year 2022 and were obtained by accused.me.uk via a freedom of information request. They show that in that in 2022 4,446,635 enhanced DBS checks were carried out. Of these 1,466,420 of the applications were flagged for local police forces holding “intelligence”. However, only 4,751 applications included any of that further information held by local police forces. This means only 0.32% of the checks where there was further information did it make it on to the check for disclosure.

So, what can you do to help the situation. If you’re a member of our group then you likely already know that they will hold “intelligence” about you that will likely be considered for inclusion. So you can pretty much skip trying to find out what they hold. You already know to a sufficient enough degree what it is. If your not a member of our group and you are not sure but you are considering applying for a job that requires an enhanced DBS check then your best approach would be to make a subject access request to your local police force (and any police force areas you are previously linked to). The results of this subject access request will indicate if there is anything further that you need to do.

Police forces SHOULD contact you if they are considering including information in the enhanced check as other relevant information. They do not have to contact you but they should.

The first option, which we think is the better option is to do nothing and see what happens.

The second option, whilst feeling as though you are been pro-active and trying to get ahead really is a double edged sword!

On one edge with the knowledge the check is in the process and the knowledge they hold intelligence about you then you could contact the relevant police force(s) and ask them to allow you to make representations if they are considering including information about you. Again, they do not have to allow you to make the representations (most police forces do) but by you making this request may make them worried about a legal challenge if they do not.

The other edge of that same sword is that by contacting them and asking them to allow you to make representations could cause them to pay more attention to your file. When you consider in the latest figures we have police forces were dealing with 1,466,420 cases that were flagged (some of these needed to go to multiple police forces) then these are very busy departments. Given that only 0.32% resulted in been included it could be a risk to draw attention to yourself.

If it is decided (with or without your representations) to include other information on your DBS check then this certificate will be sent to you to give to your employer. There are lines of complaint to try and rectify the situation. There is an independent monitor and you can get further information about this process from the .gov website (3).

Our Conclusion – We would not recommend contacting the police to try and ensure that they allow you to make representations. We say this with the knowledge of the low inclusion rate and the fact that the majority of police forces, the majority of the time, contact you to allow you to make representations if they are considering the inclusion in your check. Contacting them and asking them to ensure that they do will only heighten their attention to your check and this is always a bad thing.

The chances are if you are one of the 0.32% that they are considering inclusion for then your representations at that level will likely fall on deaf ears. It is far better to sit it out and see what happens. The important safeguards of the dispute procedure will still be there for you if you are unlucky enough to be one of the few.

It’s always worrying and we have members who regularly need checks doing. They may have had multiple clear checks since their False Allegation but it still does not stop them worrying every time that they need one. We would recommend if you are category of worker that regularly needs to be checked to consider signing up to the DBS update service (4). For £13 a year you can keep a closer eye on your DBS checks.

1. www.gov.uk/government/publications/statutory-disclosure-guidance/statutory-disclosure-guidance
2. assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/295392/DBS_Applicant_s_introduction_to_QAF_March_2014.pdf
3. www.gov.uk/report-problem-criminal-record-certificate/dispute-a-mistake
4. www.gov.uk/dbs-update-service

False allegations of any nature are a serious matter but even more so where it involves a sexual element. They can have devastating consequences for the falsely accused person.

If you have been falsely accused of a sexual crime, it is important to take immediate action to protect your rights and reputation. Here are some steps you can take:

1. Seek legal advice: The first thing you should do is consult with a criminal solicitor who has experience in defending clients against false rape allegations. They can guide you through the legal process and help you build a strong defence.

2. Collect evidence: Gather all evidence that supports your defence. This may include text messages, emails, social media posts, or witnesses who can testify on your behalf and keep them safe.

3. Stay calm: It is important to remain calm and composed throughout the legal process. Avoid making any statements or taking any actions that could be used against you. Listen to your solicitor. What you think is important may not be important in law but equally things you may not have even thought of may be vital. Stay focussed.

4. Cooperate with authorities: If you have been contacted by the police, get a solicitor quickly and cooperate with them fully. Provide them with any evidence that supports your defence under the guidance of your solicitor. You can choose any solicitor who has a legal aid contract. Representation at the police station is free and if the allegation progresses legal aid is then means tested.

5. Seek counselling or support: Being falsely accused of rape can be traumatizing. Seek counselling, therapy or some other form of support to help you cope with the stress and anxiety of the situation. Joining or having a family member or friend join our peer to peer support group is a great place to start.

Remember, false allegations of rape are a serious matter and can have long-lasting consequences. Taking the appropriate steps and taking them early can help you protect your rights and reputation.

Are you able to help? Accused.Me.UK relies on the generosity of its users please consider making a donation.

I’ve got an NFA, or I have been found Not Guilty. Can I get my false accuser charged for lying? Can I sue my false accuser? The answer to this is not going to be what you want to hear I’m afraid. You can try. Of course you can speak to the police in hope that they will look into it. In the first instance don’t expect them to and expect a brush off. In the event you get lucky and they “look into it” don’t expect it to go very far. Prosecutions for perverting the course of justice in sexual crimes are very few and far between and the ones that are prosecuted often make the news. Just think how few you hear of. Sadly, by the authorities a decision to NFA (no further action) is usually seen as there been “insufficient evidence to charge”. They don’t view it, despite how much evidence they uncover, that you didn’t do it. In the same way a not guilty verdict is not seen as the jury decided he/she didn’t do it but their approach is that there was “insufficient evidence for the jury to be certain he/she did it”. We do not have in England and Wales a verdict of “innocent”. The verdicts available are guilty (he/she did it) or Not Guilty (there was insufficient evidence to be certain he or she did it). Even if the courts intervene mid trial and end the case on procedural grounds or because the prosecution have failed to make a case that showed a crime then the courts enter a Not Guilty verdict with the above definition. So if the police look into a claim of perverting the course of justice and build a case and pass it to the CPS to consider they are using the same standards to decide as they do when deciding to prosecute people accused of sexual crimes. They have to be able to demonstrate with evidence that the crime was committed. They then have to be confident that a reasonable jury would convict using the criminal standard of “beyond reasnoble doubt”. Even if you get past the police and get it to the CPS and the CPS feel they have the evidence (very difficult) and they feel a jury would convict then you have the next hurdle….. the public interest hurdle. It is generally believed by the government/authorities that prosecuting too many of these types of offences would discourage real victims of sexual crimes from coming forward.  For this reason in virtually all cases, if it got this far, they would not charge on this basis alone. The cases you usually see all over the news have usually had huge public interest in the original sexual allegation. For example the recent case of Ellie Williams attracted a lot of attention as Mr. Tommy Robinson injected himself into Ellies claims. Her story went viral, the police investigated her claims and they had no choice but to charge her as the spotlight was on the case. So what can you do? You have been on the most horrendous journey in life. Accused, possibly of some of the worst crimes possible. You may have lost everything. All we can recommend is that you focus on yourself. You can re-build your life. You can move on and start to feel better. Make use of our group, talk to people, look at the support page on the website (www.accused.me.uk/support) where you will find other organisations that may help you. Maybe your thinking about suing your false accuser. Again, except in very rare circumstances would this work. The first hurdle to overcome is the cost of such litigation. You would not get a no win no fee arrangement because the chances of success are so low. I wouldn’t be surprised if the litigation cost would be between £50k and £100k. Then you need to consider if your FA has money and assets that will both cover your litigation costs and compensate you. In the majority of cases this is unlikely. If you were NFA prior to trial or found not guilty then you could be opening up yourself to a civil trial. In order to explain why your False Accuser was telling the truth they will run the allegations as their defence.  His / her defence will be explaining and trying to prove what it is they claim you did to them. All that time trying to keep it all out of the public eye to try and save some of your reputation could be lost at this point. A civil court operates to a much lower standard of proof. Where a jury may have found someone not guilty “beyond reasonable doubt” a civil court “on the balance of probabilities” may well come to a different conclusion thus leaving you with not only your only litigation fees but the fees of your false accuser as well. A loss could be written up by the media that the courts believed your false accuser. I know that people get angry with us in the group when we say there is nothing can be done. It’s pointless, but we say it only because we know that the attempts to make them pay are likely to hurt you even more than you already are. We want you to heal and be moving forward focusing on yourself is far more important than worrying about something that hopefully Karma will take care of later.

Normal 0 false false false EN-GB X-NONE X-NONE I’ve got an NFA, or I have been found Not Guilty. Can I get my false accuser charged for lying? Can I sue my false accuser? The answer to this is not going to be what you want to hear I’m afraid. You can try. Of course you can speak to the police in hope that they will look into it. In the first instance don’t expect them to and expect a brush off. In the event you get lucky and they “look into it” don’t expect it to go very far. Prosecutions for perverting the course of justice in sexual crimes are very few and far between and the ones that are prosecuted often make the news. Just think how few you hear of. Sadly, by the authorities a decision to NFA (no further action) is usually seen as there been “insufficient evidence to charge”. They don’t view it, despite how much evidence they uncover, that you didn’t do it. In the same way a not guilty verdict is not seen as the jury decided he/she didn’t do it but their approach is that there was “insufficient evidence for the jury to be certain he/she did it”. We do not have in England and Wales a verdict of “innocent”. The verdicts available are guilty (he/she did it) or Not Guilty (there was insufficient evidence to be certain he or she did it). Even if the courts intervene mid trial and end the case on procedural grounds or because the prosecution have failed to make a case that showed a crime then the courts enter a Not Guilty verdict with the above definition. So if the police look into a claim of perverting the course of justice and build a case and pass it to the CPS to consider they are using the same standards to decide as they do when deciding to prosecute people accused of sexual crimes. They have to be able to demonstrate with evidence that the crime was committed. They then have to be confident that a reasonable jury would convict using the criminal standard of “beyond reasnoble doubt”. Even if you get past the police and get it to the CPS and the CPS feel they have the evidence (very difficult) and they feel a jury would convict then you have the next hurdle….. the public interest hurdle. It is generally believed by the government/authorities that prosecuting too many of these types of offences would discourage real victims of sexual crimes from coming forward.  For this reason in virtually all cases, if it got this far, they would not charge on this basis alone. The cases you usually see all over the news have usually had huge public interest in the original sexual allegation. For example the recent case of Ellie Williams attracted a lot of attention as Mr. Tommy Robinson injected himself into Ellies claims. Her story went viral, the police investigated her claims and they had no choice but to charge her as the spotlight was on the case. So what can you do? You have been on the most horrendous journey in life. Accused, possibly of some of the worst crimes possible. You may have lost everything. All we can recommend is that you focus on yourself. You can re-build your life. You can move on and start to feel better. Make use of our group, talk to people, look at the support page on the website (www.accused.me.uk/support) where you will find other organisations that may help you. Maybe your thinking about suing your false accuser. Again, except in very rare circumstances would this work. The first hurdle to overcome is the cost of such litigation. You would not get a no win no fee arrangement because the chances of success are so low. I wouldn’t be surprised if the litigation cost would be between £50k and £100k. Then you need to consider if your FA has money and assets that will both cover your litigation costs and compensate you. In the majority of cases this is unlikely. If you were NFA prior to trial or found not guilty then you could be opening up yourself to a civil trial. In order to explain why your False Accuser was telling the truth they will run the allegations as their defence.  His / her defence will be explaining and trying to prove what it is they claim you did to them. All that time trying to keep it all out of the public eye to try and save some of your reputation could be lost at this point. A civil court operates to a much lower standard of proof. Where a jury may have found someone not guilty “beyond reasonable doubt” a civil court “on the balance of probabilities” may well come to a different conclusion thus leaving you with not only your only litigation fees but the fees of your false accuser as well. A loss could be written up by the media that the courts believed your false accuser. I know that people get angry with us in the group when we say there is nothing can be done. It’s pointless, but we say it only because we know that the attempts to make them pay are likely to hurt you even more than you already are. We want you to heal and be moving forward focusing on yourself is far more important than worrying about something that hopefully Karma will take care of later.

I’ve got NFA, can I get my false accuser charged for lying?
I’ve been found not guilty, can I get my false accuser charged for lying?
I’ve got NFA, can I sue my false accuser?
I’ve been found Not Guilty, can I sue my false accuser?

The answer to this is not going to be what you want to hear I’m afraid. You can try. Of course you can speak to the police in hope that they will look into it. In the first instance don’t expect them to and expect a brush off.

In the event you get lucky and they “look into it” don’t expect it to go very far. Prosecutions for perverting the course of justice in sexual crimes are very few and far between and the ones that are prosecuted often make the news. Just think how few you hear of.

Sadly, by the authorities a decision to NFA (no further action) is usually seen as there been “insufficient evidence to charge”. They don’t view it, despite how much evidence they uncover, that you didn’t do it.
In the same way a not guilty verdict is not seen as the jury decided he/she didn’t do it but their approach is that there was “insufficient evidence for the jury to be certain he/she did it”.

We do not have in England and Wales a verdict of “innocent”. The verdicts available are guilty (he/she did it) or Not Guilty (there was insufficient evidence to be certain he or she did it).

Even if the courts intervene mid trial and end the case on procedural grounds or because the prosecution have failed to make a case that showed a crime then the courts enter a Not Guilty verdict with the above definition.

So if the police look into a claim of perverting the course of justice and build a case and pass it to the CPS to consider they are using the same standards to decide as they do when deciding to prosecute people accused of sexual crimes. They have to be able to demonstrate with evidence that the crime was committed. They then have to be confident that a reasonable jury would convict using the criminal standard of “beyond reasonable doubt”.

Even if you get past the police and get it to the CPS and the CPS feel they have the evidence (very difficult) and they feel a jury would convict then you have the next hurdle….. the public interest hurdle.

It is generally believed by the government/authorities that prosecuting too many of these types of offences would discourage real victims of sexual crimes from coming forward.  For this reason in virtually all cases, if it got this far, they would not charge on this basis alone.

The cases you usually see all over the news have usually had huge public interest in the original sexual allegation. For example the recent case of Ellie Williams attracted a lot of attention as Mr. Tommy Robinson injected himself into Ellies claims. Her story went viral, the police investigated her claims and they had no choice but to charge her as the spotlight was on the case.

So what can you do? You have been on the most horrendous journey in life. Accused, possibly of some of the worst crimes possible. You may have lost everything. All we can recommend is that you focus on yourself. You can re-build your life. You can move on and start to feel better. Make use of our group, talk to people, look at the support page on the website (www.accused.me.uk/support)  where you will find other organisations that may help you.

Maybe your thinking about suing your false accuser. Again, except in very rare circumstances would this work. The first hurdle to overcome is the cost of such litigation. You would not get a no win no fee arrangement because the chances of success are so low. I wouldn’t be surprised if the litigation cost would be between £50k and £100k.

Then you need to consider if your FA has money and assets that will both cover your litigation costs and compensate you. In the majority of cases this is unlikely.

If you were NFA prior to trial or found not guilty then you could be opening up yourself to a civil trial. In order to explain why your False Accuser was telling the truth they will run the allegations as their defence.  His / her defence will be explaining and trying to prove what it is they claim you did to them.

All that time trying to keep it all out of the public eye to try and save some of your reputation could be lost at this point. A civil court operates to a much lower standard of proof. Where a jury may have found someone not guilty “beyond reasonable doubt” a civil court “on the balance of probabilities” may well come to a different conclusion thus leaving you with not only your only litigation fees but the fees of your false accuser as well. A loss could be written up by the media that the courts believed your false accuser.

I know that people get angry with us in the group when we say there is nothing can be done. It’s pointless, but we say it only because we know that the attempts to make them pay are likely to hurt you even more than you already are. We want you to heal and be moving forward focusing on yourself is far more important than worrying about something that hopefully Karma will take care of later.

I’ve got an NFA, or I have been found Not Guilty. Can I get my false accuser charged for lying? Can I sue my false accuser?

The answer to this is not going to be what you want to hear I’m afraid. You can try. Of course you can speak to the police in hope that they will look into it. In the first instance don’t expect them to and expect a brush off.

In the event you get lucky and they “look into it” don’t expect it to go very far. Prosecutions for perverting the course of justice in sexual crimes are very few and far between and the ones that are prosecuted often make the news. Just think how few you hear of.

Sadly, by the authorities a decision to NFA (no further action) is usually seen as there been “insufficient evidence to charge”. They don’t view it, despite how much evidence they uncover, that you didn’t do it.
In the same way a not guilty verdict is not seen as the jury decided he/she didn’t do it but their approach is that there was “insufficient evidence for the jury to be certain he/she did it”.

We do not have in England and Wales a verdict of “innocent”. The verdicts available are guilty (he/she did it) or Not Guilty (there was insufficient evidence to be certain he or she did it).

Even if the courts intervene mid trial and end the case on procedural grounds or because the prosecution have failed to make a case that showed a crime then the courts enter a Not Guilty verdict with the above definition.

So if the police look into a claim of perverting the course of justice and build a case and pass it to the CPS to consider they are using the same standards to decide as they do when deciding to prosecute people accused of sexual crimes. They have to be able to demonstrate with evidence that the crime was committed. They then have to be confident that a reasonable jury would convict using the criminal standard of “beyond reasnoble doubt”.

Even if you get past the police and get it to the CPS and the CPS feel they have the evidence (very difficult) and they feel a jury would convict then you have the next hurdle….. the public interest hurdle.

It is generally believed by the government/authorities that prosecuting too many of these types of offences would discourage real victims of sexual crimes from coming forward.  For this reason in virtually all cases, if it got this far, they would not charge on this basis alone.

The cases you usually see all over the news have usually had huge public interest in the original sexual allegation. For example the recent case of Ellie Williams attracted a lot of attention as Mr. Tommy Robinson injected himself into Ellies claims. Her story went viral, the police investigated her claims and they had no choice but to charge her as the spotlight was on the case.

So what can you do? You have been on the most horrendous journey in life. Accused, possibly of some of the worst crimes possible. You may have lost everything. All we can recommend is that you focus on yourself. You can re-build your life. You can move on and start to feel better. Make use of our group, talk to people, look at the support page on the website (www.accused.me.uk/support)  where you will find other organisations that may help you.

Maybe your thinking about suing your false accuser. Again, except in very rare circumstances would this work. The first hurdle to overcome is the cost of such litigation. You would not get a no win no fee arrangement because the chances of success are so low. I wouldn’t be surprised if the litigation cost would be between £50k and £100k.

Then you need to consider if your FA has money and assets that will both cover your litigation costs and compensate you. In the majority of cases this is unlikely.

If you were NFA prior to trial or found not guilty then you could be opening up yourself to a civil trial. In order to explain why your False Accuser was telling the truth they will run the allegations as their defence.  His / her defence will be explaining and trying to prove what it is they claim you did to them.

All that time trying to keep it all out of the public eye to try and save some of your reputation could be lost at this point. A civil court operates to a much lower standard of proof. Where a jury may have found someone not guilty “beyond reasonable doubt” a civil court “on the balance of probabilities” may well come to a different conclusion thus leaving you with not only your only litigation fees but the fees of your false accuser as well. A loss could be written up by the media that the courts believed your false accuser.

I know that people get angry with us in the group when we say there is nothing can be done. It’s pointless, but we say it only because we know that the attempts to make them pay are likely to hurt you even more than you already are. We want you to heal and be moving forward focusing on yourself is far more important than worrying about something that hopefully Karma will take care of later.

I’ve got an NFA, or I have been found Not Guilty. Can I get my false accuser charged for lying? Can I sue my false accuser? The answer to this is not going to be what you want to hear I’m afraid. You can try. Of course you can speak to the police in hope that they will look into it. In the first instance don’t expect them to and expect a brush off. In the event you get lucky and they “look into it” don’t expect it to go very far. Prosecutions for perverting the course of justice in sexual crimes are very few and far between and the ones that are prosecuted often make the news. Just think how few you hear of. Sadly, by the authorities a decision to NFA (no further action) is usually seen as there been “insufficient evidence to charge”. They don’t view it, despite how much evidence they uncover, that you didn’t do it. In the same way a not guilty verdict is not seen as the jury decided he/she didn’t do it but their approach is that there was “insufficient evidence for the jury to be certain he/she did it”. We do not have in England and Wales a verdict of “innocent”. The verdicts available are guilty (he/she did it) or Not Guilty (there was insufficient evidence to be certain he or she did it). Even if the courts intervene mid trial and end the case on procedural grounds or because the prosecution have failed to make a case that showed a crime then the courts enter a Not Guilty verdict with the above definition. So if the police look into a claim of perverting the course of justice and build a case and pass it to the CPS to consider they are using the same standards to decide as they do when deciding to prosecute people accused of sexual crimes. They have to be able to demonstrate with evidence that the crime was committed. They then have to be confident that a reasonable jury would convict using the criminal standard of “beyond reasnoble doubt”. Even if you get past the police and get it to the CPS and the CPS feel they have the evidence (very difficult) and they feel a jury would convict then you have the next hurdle….. the public interest hurdle. It is generally believed by the government/authorities that prosecuting too many of these types of offences would discourage real victims of sexual crimes from coming forward.  For this reason in virtually all cases, if it got this far, they would not charge on this basis alone. The cases you usually see all over the news have usually had huge public interest in the original sexual allegation. For example the recent case of Ellie Williams attracted a lot of attention as Mr. Tommy Robinson injected himself into Ellies claims. Her story went viral, the police investigated her claims and they had no choice but to charge her as the spotlight was on the case. So what can you do? You have been on the most horrendous journey in life. Accused, possibly of some of the worst crimes possible. You may have lost everything. All we can recommend is that you focus on yourself. You can re-build your life. You can move on and start to feel better. Make use of our group, talk to people, look at the support page on the website (www.accused.me.uk/support)  where you will find other organisations that may help you. Maybe your thinking about suing your false accuser. Again, except in very rare circumstances would this work. The first hurdle to overcome is the cost of such litigation. You would not get a no win no fee arrangement because the chances of success are so low. I wouldn’t be surprised if the litigation cost would be between £50k and £100k. Then you need to consider if your FA has money and assets that will both cover your litigation costs and compensate you. In the majority of cases this is unlikely. If you were NFA prior to trial or found not guilty then you could be opening up yourself to a civil trial. In order to explain why your False Accuser was telling the truth they will run the allegations as their defence.  His / her defence will be explaining and trying to prove what it is they claim you did to them. All that time trying to keep it all out of the public eye to try and save some of your reputation could be lost at this point. A civil court operates to a much lower standard of proof. Where a jury may have found someone not guilty “beyond reasonable doubt” a civil court “on the balance of probabilities” may well come to a different conclusion thus leaving you with not only your only litigation fees but the fees of your false accuser as well. A loss could be written up by the media that the courts believed your false accuser. I know that people get angry with us in the group when we say there is nothing can be done. It’s pointless, but we say it only because we know that the attempts to make them pay are likely to hurt you even more than you already are. We want you to heal and be moving forward focusing on yourself is far more important than worrying about something that hopefully Karma will take care of later.

If you’ve been involved in an investigation, it’s important to know what happens with your police records, especially if the outcome is a “No Further Action” (NFA) decision. Let’s break down the key points in easy-to-understand terms:

1. NFA on the Police National Computer: When an NFA decision is made, significant details are not usually recorded on the Police National Computer. However, a marker might indicate that a local police force holds information about you. If you were on bail during the investigation, that fact might have been noted. Usually, information about bail is removed from the Police National Computer, but the file marker remains. If you’re concerned, you can ask your local police force or ACRO (the Criminal Records Office) to ensure the bail-related information has been deleted.
   
2. Biometrics (Fingerprints, DNA, and Photos): In the event of an NFA decision, fingerprints and DNA collected during custody are automatically deleted from the system after 28 days. Some people receive incorrect information about this, but the process is governed by law and handled automatically by the systems. If the police want to keep the biometric data, they must apply to the biometrics commissioner within 28 days of the NFA decision. You don’t need to take any action for the deletion to occur, as it’s legally mandated since 2012.
   
3. Custody Records and Custody Images: If an NFA decision is made, you can request the deletion of the custody images (mugshots) from your custody file, and they might comply (often they do as they have access to other images of you anyway …DVLA for example). However, the custody record itself is rarely deleted, except in cases of mistaken identity. If you were falsely accused but still the intended person of the arrest, the custody record will be retained since it documents your time spent in custody.
   
4. Local Records: During an investigation, various documents are generated and compiled in a file. This file typically includes statements from all parties involved, interviews (written or recorded), digital evidence, officers’ notes, custody records without mugshots (however, if they obtained other photos of you as part of the investigation these will have been retained), and any other relevant information. It’s like a case folder with all details related to your case, including any communication with the Crown Prosecution Service (CPS). The file will end with a copy of the NFA decision.
   
5. Reopening an Investigation: The NFA letter you receive (or should receive) may mention the possibility of reopening the investigation if new evidence emerges. In that case, they will reopen the existing file rather than starting from scratch.
   
6. Your Access to the File: Although the police retain the file as their work product, you have the right to request access to it through a subject access request. However, keep in mind that some information may be redacted to protect the privacy of others or maintain ongoing investigations.

By understanding how police records are handled after an NFA decision, you can be better informed about your rights and the process involved.

There are three main types of check. Basic, Standard and Enhanced. Only registered employers who fall into certain criteria are authorised to carry out checks on their employees either in their own right (as they carry out lots of checks) or through an umbrella checking company.

If an employer is not registered or eligible to be registered to carry out checks then they only really have one route to doing a check on you and that is with your co-operation and it is only the basic check. They may request that you apply for the basic check and supply them with the results. In most cases they are prepared to pay for this check and part of the online application you will carry out gives the option to pay later. By doing this you are supplied with a link to forward to the employer and they make the payment. When the check is complete it is sent to you alone for you to give to the employer.

So what do the checks show?

Basic checks – This will show only convictions and conditional cautions considered to be “unspent” under the rehabilitation of offenders act 1974.

Standard Checks – This will show both spent and unspent convictions along with cautions (non-violent and non-sexual convictions are weeded out from standard and enhanced DBS after 12 years if they did not result in prison or the sentence was suspended).

Enhanced Checks – This is the one that worries our members the most as not only does it show all of the same information from a standard check but it MAY include other intelligence/information held by local police forces that could be considered relevant for inclusion for the role that is been applied for.

So where you have been investigated for a crime and either the outcome is NFA (no further action) or the case makes it to court and you are acquitted this naturally is information that the police will hold about you in their intelligence systems. There is quite a lot that can be held in local intelligence systems such as fixed penalty notices, allegations and even information about people who you live with. This is information that is separate from what is held in the police national computer such as convictions etc.

The decision to supply information for an enhanced DBS is that of the police chief for the local police force area(s). They are guided not only by their own local guidelines but principally by the statutory disclosure guidance (1) and the quality assurance framework (2).

Before panicking about this it is always important to look at the numbers. The latest numbers I have been able to obtain refer to the year 2022 and were obtained by accused.me.uk via a freedom of information request. They show that in that in 2022 4,446,635 enhanced DBS checks were carried out. Of these 1,466,420 of the applications were flagged for local police forces holding “intelligence”. However, only 4,751 applications included any of that further information held by local police forces. This means only 0.32% of the checks where there was further information did it make it on to the check for disclosure.

So, what can you do to help the situation. If you’re a member of our group then you likely already know that they will hold “intelligence” about you that will likely be considered for inclusion. So you can pretty much skip trying to find out what they hold. You already know to a sufficient enough degree what it is. If your not a member of our group and you are not sure but you are considering applying for a job that requires an enhanced DBS check then your best approach would be to make a subject access request to your local police force (and any police force areas you are previously linked to). The results of this subject access request will indicate if there is anything further that you need to do.

Police forces SHOULD contact you if they are considering including information in the enhanced check as other relevant information. They do not have to contact you but they should.

The first option, which we think is the better option is to do nothing and see what happens.

The second option, whilst feeling as though you are been pro-active and trying to get ahead really is a double edged sword!

On one edge with the knowledge the check is in the process and the knowledge they hold intelligence about you then you could contact the relevant police force(s) and ask them to allow you to make representations if they are considering including information about you. Again, they do not have to allow you to make the representations (most police forces do) but by you making this request may make them worried about a legal challenge if they do not.

The other edge of that same sword is that by contacting them and asking them to allow you to make representations could cause them to pay more attention to your file. When you consider in the latest figures we have police forces were dealing with 1,466,420 cases that were flagged (some of these needed to go to multiple police forces) then these are very busy departments. Given that only 0.32% resulted in been included it could be a risk to draw attention to yourself.

If it is decided (with or without your representations) to include other information on your DBS check then this certificate will be sent to you to give to your employer. There are lines of complaint to try and rectify the situation. There is an independent monitor and you can get further information about this process from the .gov website (3).

Our Conclusion – We would not recommend contacting the police to try and ensure that they allow you to make representations. We say this with the knowledge of the low inclusion rate and the fact that the majority of police forces, the majority of the time, contact you to allow you to make representations if they are considering the inclusion in your check. Contacting them and asking them to ensure that they do will only heighten their attention to your check and this is always a bad thing.

The chances are if you are one of the 0.32% that they are considering inclusion for then your representations at that level will likely fall on deaf ears. It is far better to sit it out and see what happens. The important safeguards of the dispute procedure will still be there for you if you are unlucky enough to be one of the few.

It’s always worrying and we have members who regularly need checks doing. They may have had multiple clear checks since their False Allegation but it still does not stop them worrying every time that they need one. We would recommend if you are category of worker that regularly needs to be checked to consider signing up to the DBS update service (4). For £13 a year you can keep a closer eye on your DBS checks.

1. www.gov.uk/government/publications/statutory-disclosure-guidance/statutory-disclosure-guidance
2. assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/295392/DBS_Applicant_s_introduction_to_QAF_March_2014.pdf
3. www.gov.uk/report-problem-criminal-record-certificate/dispute-a-mistake
4. www.gov.uk/dbs-update-service

If you’ve been involved in an investigation, it’s important to know what happens with your police records, especially if the outcome is a “No Further Action” (NFA) decision. Let’s break down the key points in easy-to-understand terms:

1. NFA on the Police National Computer: When an NFA decision is made, significant details are not usually recorded on the Police National Computer. However, a marker might indicate that a local police force holds information about you. If you were on bail during the investigation, that fact might have been noted. Usually, information about bail is removed from the Police National Computer, but the file marker remains. If you’re concerned, you can ask your local police force or ACRO (the Criminal Records Office) to ensure the bail-related information has been deleted.
   
2. Biometrics (Fingerprints, DNA, and Photos): In the event of an NFA decision, fingerprints and DNA collected during custody are automatically deleted from the system after 28 days. Some people receive incorrect information about this, but the process is governed by law and handled automatically by the systems. If the police want to keep the biometric data, they must apply to the biometrics commissioner within 28 days of the NFA decision. You don’t need to take any action for the deletion to occur, as it’s legally mandated since 2012.
   
3. Custody Records and Custody Images: If an NFA decision is made, you can request the deletion of the custody images (mugshots) from your custody file, and they will sometimes oblige. However, the custody record itself is rarely deleted, except in cases of mistaken identity. If you were falsely accused but still the intended person of the arrest, the custody record will be retained since it documents your time spent in custody.
   
4. Local Records: During an investigation, various documents are generated and compiled in a file. This file typically includes statements from all parties involved, interviews (written or recorded), digital evidence, officers’ notes, custody records without mugshots (however, if they obtained other photos of you as part of the investigation these will have been retained), and any other relevant information. It’s like a case folder with all details related to your case, including any communication with the Crown Prosecution Service (CPS). The file will end with a copy of the NFA decision.
   
5. Reopening an Investigation: The NFA letter you receive (or should receive) may mention the possibility of reopening the investigation if new evidence emerges. In that case, they will reopen the existing file rather than starting from scratch.
   
6. Your Access to the File: Although the police retain the file as their work product, you have the right to request access to it through a subject access request. However, keep in mind that some information may be redacted to protect the privacy of others or maintain ongoing investigations.

By understanding how police records are handled after an NFA decision, you can be better informed about your rights and the process involved.

A recent Freedom Of Information Act Request to the ministry of justice by Accused.Me.UK shows that the likelihood of non conviction information being included in an enhanced DBS has reduced even further.

The last data we could find showed that where police held non conviction information it was included in the enhanced DBS check 0.83% of the time. That has now reduced to 0.32% I have updated our FAQ about “Understanding DBS (criminal record) checks when your case was NFA (no further action) or you were found Not Guilty” with the hard numbers and this can be viewed at the following link:

Understanding DBS (criminal record) checks when your case was NFA (no further action) or you were found Not Guilty.

When someone is found not guilty in court, it’s natural to wonder what happens to the fingerprints, DNA material, and other records related to the case. In England and Wales, there are specific rules and processes in place to handle this situation.

Deletion of Fingerprint and DNA Material: Fingerprint and DNA material are stored in two important databases: the National DNA Database (NDNAD) and the National Criminal Fingerprint Database, also known as IDENT1. According to the current process, this data is automatically deleted from these databases three years after the case is updated on the Police National Computer (PNC) with the ‘Not Guilty’ verdict. This deletion happens automatically without any need for a request.

Early Deletion: If you have a good reason to do so, you can apply for an early deletion of your fingerprints and DNA material through the Record Deletion Process. If a Chief Officer agrees with your grounds for deletion, your information may be removed from the databases before the three-year mark. In reality this would be rare for a case that made it to court.

National Records Marker: At the three year point (or before if successful in an early deletion request) the associated PNC record will also drop off. However, just as with an NFA there will be a marker that indicates that a local police force holds information about you.

Custody Records: If you are found not guilty, you could try and ask for the custody images (mugshots) be deleted from your custody record. I can’t see anything that can make them comply and I don’t think in any case that they would prior to the 3 year point detailed above. Even if they do remove the images, the custody record itself will not be deleted.

Local Records and Case File: During an investigation, a file is created that contains all the details related to your case. This includes statements, interviews, digital evidence, custody records, and more. The police will not delete this file as it is considered their work product.

Reopening the Case: Although rare, there are exceptional circumstances in which a case can be reopened in England and Wales since 2003. In such situations, the local investigation file would be used. HOWEVER, IT IS ESSENTIAL TO UNDERSTAND THAT THIS IS RARE. IT HAS HAPPENED JUST A FEW TIMES SINCE 2003. It is only mentioned because the possibility technically exists for some of the most serious offences.

Access to the File: Despite the police retaining the case file, you have the right to request access to it through a subject access request. Be aware that some information may be redacted to protect the privacy of others or maintain ongoing investigations