Cecily Zamora
In the UK, a caution is a formal warning given by the police to an individual who has admitted to committing a minor offence. It is a way to deal with less serious offences without needing to resort to prosecution. Cautions are not considered convictions, but they do form a part of a person's criminal record and can be used as evidence of bad character if the individual is prosecuted for another crime. Cautions can also affect one's ability to gain employment or travel to certain countries. The history of the use of cautions in the UK can be traced back to the early 19th century, with the introduction of written warnings for motoring offences in the 1920s. The term 'caution' also extends beyond criminal law and is relevant in areas such as tort law and contract law.
| Characteristics | Values |
|---|---|
| Type of caution | Simple caution, Conditional caution |
| Caution administration | Administered by the police in England, Wales and Scotland |
| Caution applicability | Applicable for minor cases, first-time offenders, and people aged 10 years or over |
| Caution as an alternative to prosecution | Requires an admission of guilt and is a formal warning |
| Disclosure on basic DBS checks | No |
| Disclosure on standard or enhanced DBS checks | Yes |
| Impact on visa applications | May affect visa applications depending on the type of visa and offence |
| Impact on criminal record | Forms part of a criminal record and can be used as evidence of bad character in future prosecutions |
| Disclosure duration | 6 years for individuals over 18 years old and 2 years for those under 18 |
| Caution and conviction | Not considered a conviction under the law, but can be taken into consideration by the Courts if the person is convicted of a further offence |
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What You'll Learn
- Cautions are a formal alternative to prosecution for minor offences
- Cautions are not convictions, but can be used as evidence of bad character
- Cautions are given to those who admit guilt, and are aged 10 or over
- Cautions are kept on record for 6 years (2 years if under 18)
- Conditional cautions have specific conditions attached that must be satisfied
Cautions are a formal alternative to prosecution for minor offences
Cautions are a formal notice given when someone admits to an offence. They are delivered verbally and must be accepted in writing. Cautions are commonly used to resolve cases where full prosecution is not seen as the most appropriate solution. Cautions are not considered a conviction under the law, but they do form a part of a person's criminal record and can be used as evidence of bad character if a person is prosecuted for another crime. Cautions can also affect a person's ability to get a visa, depending on the type of visa and the offence for which the caution was issued.
There are two types of cautions: simple cautions and conditional cautions. A simple caution is a warning typically issued for a low-level offence and is often the first-time warning for the offender. A conditional caution is the same as a simple caution, except that it has additional conditions attached that the offender must satisfy, such as attending a course aimed at targeting offending behaviour. A simple caution may only be considered where a prosecution could properly be brought, and the offender must agree to accept the caution.
The process of receiving a caution begins with an interview under caution by the police. Before making a decision to accept or refuse the caution, it is important to seek expert legal advice. If a caution is refused, a prosecution will normally follow. The implications of accepting a simple caution should be provided in writing to the offender, and they should be allowed to seek legal advice. The offender should also be informed that the simple caution may be referred to in court if there is a prosecution for any other offence.
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Cautions are not convictions, but can be used as evidence of bad character
A caution is a formal alternative to prosecution in minor cases, administered by the police in England and Wales. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution. Cautions are not convictions, but they do form a part of a person's criminal record and can be used as evidence of bad character if a person is prosecuted for another crime.
A police caution is a formal warning given by the police to anyone aged 10 years or over who has admitted that they are guilty of a minor crime. A person may refuse to admit guilt and not accept a caution, but they can then be subject to criminal prosecution. Cautions are typically administered in the case of an offence that is triable summarily or either-way. The Ministry of Justice recommends that the decision to offer a simple caution for the most serious of offences be taken only in exceptional circumstances. People aged 17 or under may receive a youth caution.
Cautions are covered by the Rehabilitation of Offenders Act 1974 and become spent immediately (apart from conditional cautions, which will become spent after 3 months). Unless applying for particular types of work, a person who has spent cautions does not have to disclose them to prospective employers, and employers cannot refuse to employ someone on the basis of spent convictions. However, when applying for certain types of employment, such as working with children or vulnerable adults, certain professions such as law, healthcare, and pharmacy, senior management posts within certain sectors, and employment where matters of national security are involved, the application form will state that it is exempt from the Rehabilitation of Offenders Act 1974.
Cautions will appear on a DBS certificate until 6 years have passed (or 2 years if the person was under 18 at the time of the caution) provided the offence is not on the prescribed list of offences that will never be filtered from a criminal record check. Cautions do not show up on basic Disclosure and Barring Service (DBS) checks, so if you apply for a job covered by the ROA, you won't need to disclose your caution. However, if you apply for a job that requires a standard or enhanced DBS check (such as teaching or police work), your caution will be disclosed on these checks unless it is eligible for filtering. An offence eligible for filtering means that, although it won't expire from your record, it won't show up even on enhanced checks.
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Cautions are given to those who admit guilt, and are aged 10 or over
In the UK, a caution is a formal alternative to prosecution in minor cases. It is a formal warning given by the police to anyone aged 10 or over who admits guilt for a minor crime. Cautions are not considered criminal convictions, but they do form a part of one's criminal record and can be used as evidence of bad character if the individual is prosecuted for another crime.
Cautions are typically administered when the available evidence does not meet the standard required to bring a prosecution. The offender must admit guilt and agree to accept the caution for it to be administered. If an offender refuses to accept a caution, they may be prosecuted for the offence through the usual channels. Cautions are also more likely to be given to first-time offenders.
There are two types of cautions: simple cautions and conditional cautions. A simple caution is a warning typically issued for a low-level offence, and it does not usually result in prosecution. Conditional cautions, introduced by the Criminal Justice Act 2003, are the same as simple cautions but have additional conditions attached that the offender must satisfy, such as attending a course aimed at targeting offending behaviour.
Cautions will appear on a DBS certificate for six years if the recipient is over 18, and for two years if they are under 18, unless the offence relates to a specific offence. Cautions do not need to be disclosed to prospective employers unless the job requires a standard or enhanced DBS check, such as teaching or police work. However, cautions can affect one's ability to obtain a visa or enter certain countries.
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Cautions are kept on record for 6 years (2 years if under 18)
In the UK, a police caution is a formal alternative to prosecution in minor cases. It is a formal warning given by the police to anyone aged 10 or older who has admitted guilt to a minor crime. It is not a criminal conviction but forms part of a person's criminal record. Cautions are typically used to resolve cases where full prosecution is not the most appropriate solution.
Cautions are retained on the Police National Computer (PNC) and will remain there indefinitely unless removed. Cautions will appear on a DBS certificate for six years (or two years if the person was under 18 at the time of the caution) unless the offence is on the prescribed list of offences that will never be filtered from a criminal record check. After this period, the caution is protected and will likely be filtered off the DBS certificate. However, the police have broad discretion to disclose information on an enhanced DBS certificate if they deem it relevant to the specific check.
In certain circumstances, police cautions can be removed from a person's record. Legal advice may be sought if an individual believes their caution was issued unfairly, or if it is negatively impacting their life. The reported national success rate for getting a caution deleted from the PNC is less than 10%.
It is important to note that while a caution is not a conviction, it can still be used as evidence of bad character if an individual is prosecuted for another crime. A caution may also impact a person's ability to travel, with certain countries potentially refusing entry or residence based on a caution.
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Conditional cautions have specific conditions attached that must be satisfied
In the UK, a police caution is a formal alternative to prosecution in minor cases. It is a formal warning given by the police to anyone aged 10 or older who has admitted guilt for a minor crime. Cautions are not convictions, but they do form a part of a person's criminal record and can be used as evidence of bad character if the person is prosecuted for another crime. Cautions can be administered in two forms: simple cautions and conditional cautions.
Before a conditional caution can be given, the offender must admit the offence and consent to the conditions. If the offender fails to comply with the conditions without reasonable cause, they may be prosecuted for the original offence. However, their non-compliance will not be considered an aggravating factor in sentencing.
Conditional cautions are covered by the Rehabilitation of Offenders Act 1974 and become spent after three months. They do not need to be disclosed to prospective employers unless the employment is in certain sectors, such as working with children or vulnerable adults, law, healthcare, or national security.
It is important to note that cautions can only be administered when there is clear and reliable evidence of an admission of guilt. The Ministry of Justice recommends that simple cautions for serious offences only be given in exceptional circumstances.
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Frequently asked questions
A caution is a formal warning given by the police to an individual who has admitted to committing a minor offence. It is a way to deal with less serious offences without needing to resort to prosecution.
There are two types of caution: simple and conditional. A simple caution is a warning typically issued for a low-level offence and is often the first-time warning for the offender. A conditional caution is the same as a simple caution but has additional conditions attached that the offender must satisfy, such as attending a course aimed at targeting offending behaviour.
Anyone over the age of 10 can be given a caution by the police or Crown Prosecution Service for minor offences. People aged 17 or under may receive a youth caution.
If you refuse to accept a caution, you can be subject to criminal prosecution. If you have previously received a caution, it is unlikely that you will be offered another one unless the offences are very minor and unrelated to each other.
Although a caution is not a conviction, it forms part of a person's criminal record and can be used as evidence of bad character if a person is prosecuted for another crime. Cautions will appear on a DBS certificate until 6 years have passed (or 2 years if the person was under 18 at the time of caution), unless the offence is on a prescribed list that will never be filtered from a criminal record check.
