No Further Action: What Does It Mean?

Receiving a No Further Action letter can be a relief, but it doesn’t necessarily mean the matter is closed. Many people are surprised to learn that the implications of a No Further Action decision can be far-reaching. 

In this guide, specialist DBS solicitor Mark Hopwell will explain what a No Further Action decision means, what it could lead to, and what steps you might need to take next.

If you’re interested in one particular section, use the links below to navigate straight to it:

• What does ‘No Further Action’ mean?
• Reasons for ‘No Further Action’
• Does ‘No Further Action’ mean not guilty
• Is ‘No Further Action’ a criminal record?
• How long does ‘No Further Action’ stay on record in the UK?
• What happens after a ‘No Further Action’ decision?
• The implications of ‘No Further Action’ decisions
• Can a ‘No Further Action’ case be reopened?
• How we can help

Concerned about how to address or remove information related to a No Further Action decision? Contact our DBS solicitors today.

What does ‘No Further Action’ mean?

If you are released from a police interview under investigation, or released on bail prior to charges, you will receive either a summons to attend court or a No Further Action (NFA) letter. 

No Further Action, or NFA, is when the police make a decision not to charge you with an offence. Therefore, you will not have to go to court to answer criminal charges.

Reasons for ‘No Further Action’

There’s a range of reasons the police might not have continued the investigation. For example:

• If the suspect is under 18, they may have been diverted from the formal criminal justice system, following a discussion with the Youth Offending Team.
• The police have decided that you probably didn’t commit the offence.
• The police may have decided that there wasn’t enough evidence to proceed with the investigation.

A written notice will be provided to the suspect or their solicitor to inform them of the decision to close the investigation.

Does ‘No Further Action’ mean not guilty?

As we mentioned above, a No Further Action decision means that the police have decided not to proceed with the charges based on the current evidence. This decision does not involve a court trial or a formal declaration of guilt or innocence.

On the other hand, a ‘not guilty’ verdict is a judicial decision that concludes a case by determining that you were not proven to have committed the offence. Once a court declares you not guilty, the case is legally concluded, and you cannot be retried for the same offence.

Is ‘No Further Action’ a criminal record?

Whilst there are allegations recorded about you on police databases, on this basis alone you do not have a criminal record. You will not normally be asked if you have a criminal record, you will be asked if you have any convictions or cautions. 

Instead, criminal records are reserved for instances where an individual has been formally found guilty of an offence or has received a formal caution. However, it is important to note that No Further Action outcomes may still appear on an enhanced DBS check, depending on the circumstances. We’ll touch on this later in the blog.

Is ‘No Further Action’ a caution?

A No Further Action decision is distinct from a caution. A police caution is a formal warning given for admitting to a minor offence, and it is recorded on criminal records, appearing on both standard and enhanced DBS checks. 

However, a No Further Action decision indicates that no charges are being pursued and does not imply any admission of guilt. As such, a No Further Action does not appear on DBS checks in the same manner as a caution.

How long does ‘No Further Action’ stay on record in the UK?

Even though No Further Action is being taken against you, because you were arrested on suspicion of a criminal offence in the first place, this will remain on your Police National Computer (PNC) record until you’re 100 years old.

We can support with the removal of a No Further Action allegation from your record. Reach out to our team today for more information on how we can help you.

What happens after a ‘No Further Action’ decision?

After a No Further Action decision is made, no charge will be brought against you, and you are free to go. You will not have to attend court to answer the charges against you. If you have been remanded in custody pending the investigation, you will be released. If you have been released on bail, you will no longer be on bail or subject to bail conditions.

You will also receive an official notification in the form of a letter. This letter will confirm that the authorities have decided not to proceed with charges or further legal action based on the investigation. 

How long does it take to receive a ‘No Further Action’ letter?

The time it takes to get a Crown Prosecution Service (CPS) No Further Action letter will depend on how long it takes for the police to carry out an investigation. Unfortunately, there is no definitive answer to this question, nor is there a time limit, as you can be ‘released under investigation’ for an indefinite period of time.

That being said, there are several factors which could influence the time it takes for the police to conclude an investigation. These include:

• The complexity of the case – cases involving complex evidence, such as financial crimes or extensive forensic work, generally take longer. Detailed evidence requires more time for the police to gather and evaluate.
• Involvement of the CPS – if the Crown Prosecution Service (CPS) needs to review the case, this can delay the outcome. The CPS assesses whether there is enough evidence to charge.
• The type of offence – less severe, summary offences, usually leads to quicker decisions. More serious ‘either way’ and indictable offences involve additional legal reviews, potentially extending the process.
• The capacity of the police and/or CPS – delays can occur if the police or CPS have limited resources or high caseloads. Their capacity to handle investigations affects the decision timeline.

Receiving a No Further Action letter can be a relief, especially if you were under investigation for a serious offence. However, you should be aware that this doesn’t necessarily mean the matter is entirely closed.

The implications of ‘No Further Action’ decisions

A ‘no further action’ decision can have a significant and lasting impact on your reputation. Public perception can be shaped by the allegations, regardless of the outcome of the case. This can create challenges in various aspects of life, especially if the allegations are false and you have a strong alibi.

Could I face professional or personal consequences?

Employers and professional bodies often have their own standards of conduct. A No Further Action decision doesn’t guarantee immunity from internal investigations or disciplinary actions, such as suspension or dismissal.

Beyond potential employment issues, the arrest itself might have long-term consequences. Although biometric data, such as fingerprints or DNA, will be removed from the Police National Computer (PNC), your fingerprints and DNA will still remain on the National Fingerprint Database (IDENT1) and the National DNA Database (NDNAD). A formal application must be made to request the deletion of these records.

Additionally, travel plans might be affected. Many countries have strict immigration rules that consider arrest history, which can hinder your ability to visit or live abroad.

Does ‘No Further Action’ show on a DBS check?

If you have been arrested, but No Further Action was taken before the case reached court, this will not show up on a basic or standard DBS (Disclosure and Barring Service) check. 

Basic DBS checks reveal any unspent convictions, while standard DBS checks include spent and unspent convictions as well as cautions. Since an NFA decision does not involve a conviction or caution, it does not show up on these checks.

Does ‘No Further Action’ show on an enhanced DBS check?

Enhanced DBS checks are more comprehensive and include additional information that might be deemed relevant to the role being applied for. Although a No Further Action decision itself does not appear on an enhanced DBS check, any arrest record or related information might be disclosed if the police consider it pertinent to the position in question.

It is quite common for NFA details to be included on an enhanced DBS certificate. If this occurs, and you believe the information should not have been disclosed, we can assist with raising a dispute with the DBS to remove it.

Can a ‘No Further Action’ case be reopened?

Yes, a No Further Action decision does not permanently close the case. Even if you’ve been told No Further Action is being taken, there’s still a possibility that the investigation could be re-opened in light of any new evidence.

The ability to reopen a case depends on various factors, including the type of offence and the specifics of the case. It is also possible that under the Victims Right to Review Scheme a complainant can request for the decision to proceed with No Further Action being reviewed, potentially leading to a charge.

Ultimately, in most cases, No Further Action will likely mean you will not be charged. However, you should be aware of the fact that it does not bar the prosecution from proceeding with a case.

How we can help

Understanding the complexities of a No Further Action decision can be overwhelming. Our team of experts is here to guide you through the process. We offer support in removing No Further Action allegations from your record.

If you’re facing challenges due to a No Further Action decision, don’t hesitate to contact our expert team of DBS solicitors for a free consultation. We can assess your situation and recommend the best course of action.