The Police Caution: When and How It Is Given

The police caution is a formal warning that must be given to a suspect before they are questioned about their involvement in a criminal offence. The current wording of the caution is: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

This caution conveys three distinct legal points. First, the right to silence: the suspect is not obliged to answer questions. Second, the adverse inference provision: under sections 34 to 37 of the Criminal Justice and Public Order Act 1994, a court may draw adverse inferences from a defendant's failure to mention, when questioned, a fact which they later rely on at trial. This does not mean silence can be treated as evidence of guilt, but it can be used to strengthen the prosecution case where the defendant later introduces facts they could reasonably have been expected to mention earlier. Third, an evidence warning: anything the suspect does say may be used in evidence.

The caution must be given on arrest and before any questioning about an offence after arrest. It must also be given when a person attends a voluntary interview. A second caution must be given when a suspect is charged. If a person is not cautioned before questioning, any answers given may be excluded from evidence under section 76 or section 78 of PACE.

The "simple caution" is a separate concept: it is an out-of-court disposal administered to an adult who admits an offence. A simple caution is not the same as the caution given before questioning. A simple caution is a recorded admission of guilt and will appear on a criminal record. It does not involve a court appearance. Ministry of Justice guidance sets out the conditions for administering a simple caution, including that the offender must admit the offence and consent to the caution, and that the offence must be suitable for disposal in this way.