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Prosecution witness in criminal court case.


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Posted (edited)

OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC.

That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS.
It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely.

(The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available).

So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister.

What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way.

Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)!


The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made"
Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility.
I'm incredibly doubtful it will even come up, though.

Edited by BazzaS
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