What is a police caution and what are the consequences of accepting one?

The word "caution" is used in two different contexts in policing and it is important to distinguish them. The first is the caution given at the point of arrest or before interview: "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 is a procedural warning, not a formal disposal.

The second meaning, and the one that most people encounter, is a formal caution as a method of dealing with minor offending. A formal caution (also called a simple caution) is given where a person has admitted guilt for an offence and the police and, in some cases, the Crown Prosecution Service consider that a caution is an appropriate response rather than prosecution. It is a formal admission of guilt that appears on the Police National Computer.

Before a caution can be administered, you must admit the offence in full, understand the implications of accepting the caution, and give informed consent. You cannot be forced to accept a caution and you have the right to consult a solicitor before deciding whether to accept one.

The consequences of accepting a caution include: it will appear on a standard or enhanced DBS (Disclosure and Barring Service) certificate for a defined period (or in some cases indefinitely for serious cautions), it can be cited in future criminal proceedings, and it may be disclosed for certain job applications or licensing purposes.

A conditional caution is a more demanding form that requires the person to comply with specified conditions (such as paying compensation or attending a rehabilitative programme) or face prosecution. Failing to comply with the conditions can result in you being charged.

Key Points

• A formal caution is an admission of guilt: you must admit the offence before it can be administered
• You have the right to consult a solicitor before accepting a caution
• A caution goes on your Police National Computer record
• Cautions may appear on DBS checks and can affect employment, licensing, and future criminal proceedings
• You cannot be forced to accept a caution: you may refuse and face prosecution instead
• A conditional caution requires compliance with specified conditions
• Failing to comply with conditions can result in prosecution
• The "caution" on arrest is different: it is a procedural warning about your right to silence, not a formal disposal