Letter Declining a Police Caution
Formally decline an offer of a simple or conditional caution from the police, assert innocence, and request a charging decision.
This template was not drafted by a solicitor.
It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.
When to use this template
Use this letter after you have been offered a simple or conditional caution by the police and you wish to decline it in writing. A caution is only valid if you admit the offence — you should not accept a caution if you are innocent or dispute the facts. Declining a caution means the police must decide whether to charge you, refer the case to the CPS, or take no further action.
When NOT to use this template
Do not use if you genuinely admit the offence and a caution is in your best interests — take legal advice first. Do not use for youth cautions, which are governed by different provisions. Do not send this letter without first obtaining legal advice, as declining a caution carries the risk of prosecution.
Legal Basis
Simple cautions: Ministry of Justice Simple Cautioning of Adult Offenders guidance (2015). Conditional cautions: Criminal Justice Act 2003 ss.22–27. PACE Code G (arrest) and Code H (detention of terrorism suspects) underpin the arrest process. A caution requires the suspect's free and informed consent and an admission of guilt; without both elements it is not valid.
Before you send
- Verbally declining at the police station without following up in writing — a written record protects you
- Failing to assert that you do not admit the offence — any ambiguity could be used against you
- Not requesting confirmation that the caution has been formally withdrawn from any records
Common Mistakes to Avoid
- ✗Verbally declining at the police station without following up in writing — a written record protects you
- ✗Failing to assert that you do not admit the offence — any ambiguity could be used against you
- ✗Not requesting confirmation that the caution has been formally withdrawn from any records
- ✗Assuming declining a caution means the matter will end — the police or CPS may still charge you
- ✗Not requesting details of any evidence the police intend to rely upon if proceedings follow
Build Your Letter
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Letter preview
[YOUR FULL NAME] [YOUR ADDRESS] [YOUR EMAIL ADDRESS] [DATE OF LETTER] [INVESTIGATING OFFICER'S NAME (IF KNOWN)] [NAME OF POLICE STATION] [POLICE STATION ADDRESS] --- Dear [SALUTATION], **Re: Offer of Caution — [CRIME REFERENCE NUMBER]** I am writing in connection with the above matter. I understand that, following my attendance at [NAME OF POLICE STATION] on **[DATE OF POLICE INTERVIEW]**, the police are proposing to deal with this matter by way of a [TYPE OF CAUTION OFFERED (SIMPLE / CONDITIONAL)] caution. **Refusal of Caution** I formally decline the offer of a caution. I do not admit any offence. I maintain that I have committed no criminal offence in connection with the matters under investigation. As a caution can only lawfully be administered where the suspect freely and voluntarily admits guilt, any caution administered in the absence of a genuine and informed admission would not be valid. I am represented by [YOUR SOLICITOR'S NAME] of [YOUR SOLICITOR'S FIRM], and this decision has been made on my legal representative's advice after careful consideration. **Charging Decision** I invite the police / Crown Prosecution Service to make a formal charging decision in accordance with the Code for Crown Prosecutors. If the evidence is insufficient to charge me, I ask that the matter be closed and that I receive written confirmation to that effect. **Legal Representation** I wish to make clear that I will be legally represented throughout any subsequent proceedings. My solicitor's details are: [YOUR SOLICITOR'S NAME] [YOUR SOLICITOR'S FIRM] [YOUR SOLICITOR'S ADDRESS] [YOUR SOLICITOR'S EMAIL] **Records** I ask you to confirm in writing that no record of any caution will be placed on the Police National Computer, on the Disclosure and Barring Service records, or on any other database, given that no valid caution has been administered and I have not admitted any offence. **Your Response** Please confirm receipt of this letter and advise of the next steps in writing within **[DEADLINE FOR POLICE RESPONSE]**. Yours faithfully, [YOUR FULL NAME]
Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.