My Matter Has Been NFA’ed.. Do I Still Have Anything to Worry About?

Last week, newspapers published that only 1 in 14 criminal investigations lead to a Prosecution. This means all other matters that were once ‘investigated’ are NFA’ed (no further actioned). Anyone would assume that this would mean that matters have concluded. However, that may not be the case.

Implications:

Disclosure and Enhanced DBS Certificate

1. A standard DBS check will show cautions and convictions.

2. An enhanced DBS check can show ‘any other relevant information’.

3. This includes non-conviction information and often disclosures in relation to police investigations that did not result in a prosecution.

4. Any applicant will be afforded the opportunity to make representations before this information is detailed on the enhanced DBS certificate. You should always seek professional advice before submitting any representations.

Professional disciplinary proceedings

1. Even though you have been NFA’ed you may be required to inform your professional body.
After full disclosure your professional body may wish to initiate professional disciplinary proceedings.

2. You should always seek legal advice once these proceedings are initiated as your professional career may be impacted.

If you have been NFA’ed always ensure that you keep a copy of all your case papers.

Ask your solicitor to review your matter once it has been NFA’ed so that you can be aware of any implications that it may lead to in the future.

Please contact Garrick Law regarding your case on enquiries@garricklaw.com or +44 (0)203 196 7822.

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