Caution (disposal) vs charge

Simple caution versus Charge

A simple caution and a charge are two different ways of resolving a criminal matter after investigation. A simple caution is an out of court disposal; a charge initiates a prosecution in the criminal courts.

Side by side

	Simple caution	Charge
What it is	A formal acknowledgement of guilt administered by a police officer as an alternative to prosecution	A formal allegation placed before the courts, initiating criminal proceedings
Admission of guilt required	Yes: the person must admit the offence. They must also understand the implications and agree to accept the caution	No admission of guilt required. The person may plead not guilty in court
Who authorises	A sergeant or above, applying Director of Public Prosecutions guidance. CPS involvement required for serious offences	The Crown Prosecution Service for all but the most minor offences (where a custody officer may charge)
Court appearance	None: the disposal is concluded at the police station	The person must appear before a magistrates' court at the first opportunity after charge
Criminal conviction	Not a criminal conviction, but recorded on the PNC and disclosable in enhanced DBS checks and criminal records certificates	A conviction is recorded if the person is found guilty or pleads guilty
Consequences of non-compliance	A simple caution cannot be enforced; however, it may be cited in future proceedings and affect sentencing	Failure to attend court following charge without good cause is itself an offence (bail to attend)
Appropriateness	Minor, first-time offending; where the public interest does not require prosecution	Required where there is a realistic prospect of conviction and it is in the public interest to prosecute

Which applies

Simple cautions have been significantly restricted by the Criminal Justice and Courts Act 2015 (sections 17-18) and subsequent guidance. They should not be used for indictable-only offences or where the person has a previous caution or conviction for a similar offence, unless there are exceptional circumstances. The Director of Public Prosecutions' guidance sets out the tests that must be met before a simple caution can properly be administered.

Last updated 24 September 2026