What Is a Police Caution and Should I Accept One?
A police caution is a formal warning that can be given instead of prosecution. It is not a conviction, but it is recorded and can have significant long-term consequences.
Quick Answer
A police caution is a formal disposal given by a senior police officer as an alternative to prosecution. You can only be cautioned if you admit the offence. A caution is not a criminal conviction, but it is recorded on the Police National Computer, may appear on DBS checks, and can be cited in future court proceedings if you are convicted of another offence. You should always consult a solicitor before accepting a caution.
Full Explanation
A police caution (also called a 'simple caution') is a formal reprimand given to adults who have admitted committing an offence. It is an out-of-court disposal — an alternative to prosecution that avoids the need for a criminal trial. For the police to administer a caution, three conditions must be met: there must be sufficient evidence of guilt; the offender must admit the offence; and the offender must agree to accept the caution.
Cautions are governed by Ministry of Justice guidance rather than primary legislation and are discretionary. They can be given for a wide range of offences, including assault, minor drug possession, shoplifting, and criminal damage, though they should not normally be given for serious offences or where the offender has received a previous caution for a similar offence.
A simple caution is not a criminal conviction and will not appear on a standard DBS (Disclosure and Barring Service) check after a 'filtering' period — for adults, a simple caution will no longer be disclosed on a standard DBS after six years, unless it is on the list of offences that are never filtered (which includes many sexual and violent offences). However, a caution will always appear on an enhanced DBS check for certain regulated activities (such as working with children or vulnerable adults) regardless of when it was received.
The caution will remain on the Police National Computer indefinitely and can be cited in court if you are convicted of a further offence. It can also be relevant to licensing decisions, immigration applications, and suitability assessments for certain professions.
Importantly, you cannot be cautioned without your consent. You have the right to refuse a caution and require the police to either charge you or take no further action. In some cases, refusing a caution may result in prosecution — you should therefore take legal advice from a solicitor before deciding. If the evidence against you is weak, a caution may not be appropriate and you may be better off contesting the matter in court.
Legal Basis
- §Simple Cautions for Adult Offenders: Ministry of Justice Circular (2015)
- §PACE Code G (arrest criteria — relevance to caution as alternative)
- §Rehabilitation of Offenders Act 1974 (as amended by Legal Aid, Sentencing and Punishment of Offenders Act 2012)
- §Police Act 1997 (DBS filtering regime)
What To Do
Ask for Time to Consult a Solicitor
Before accepting or refusing a caution, ask to speak to a solicitor. You are entitled to free legal advice at the police station. This is the most important step — do not accept a caution on the spot without advice.
Understand What Accepting Means
A caution requires you to admit the offence. Once accepted, the decision is final — you cannot later appeal or challenge it (except in very limited judicial review circumstances). Consider carefully whether you are actually guilty and whether the evidence supports the allegation.
Consider the Long-Term Consequences
With your solicitor, think through whether the caution will affect your current or future employment, professional registration, enhanced DBS checks, immigration status, or any licences you hold. For some people, the consequences of a caution are more serious than a small fine from a court.
Assess the Alternative — Being Charged
Your solicitor should advise you on the strength of the prosecution evidence and the likely outcome if you were charged and went to court. If the evidence is weak, it may be better to contest the matter rather than admit it through a caution.
If You Accept, Keep a Record
Ask for written confirmation of the caution — the form signed, the date, the offence, and the officer's details. This record may be important for future DBS disclosure or if you wish to apply for it to be removed from the PNC.
Important Warnings
Never admit to an offence you did not commit simply to avoid the inconvenience of a prosecution — a caution based on a false admission cannot easily be challenged later.
A conditional caution (which attaches conditions such as unpaid work) differs from a simple caution — breaching the conditions can result in prosecution.
Accepting a caution for certain offences (particularly sexual offences) may automatically place you on the Sex Offenders Register.