You Have Been Offered a Police Caution
The police have offered you a simple caution or a conditional caution instead of charging you. This page explains what accepting a caution means legally, its impact on your record, and when it may be better to refuse.
Quick Answer
A caution is a formal admission of guilt. It goes on your criminal record, is disclosed on standard and enhanced DBS checks, and can be cited in future court proceedings. You should not accept a caution without first taking advice from a solicitor and reviewing the evidence, because refusing it may result in a charge — but a charge may ultimately result in an acquittal or no further action.
Full Explanation
A simple caution is a formal warning given by a police officer to an adult who admits an offence. It is not a conviction but it is a formal record of guilt. It is held on the Police National Computer (PNC) and will be disclosed on standard and enhanced Disclosure and Barring Service (DBS) checks for many years — sometimes indefinitely for serious offences.
A conditional caution under the Criminal Justice Act 2003 ss.22–27 is similar but attaches conditions (for example, completing a programme, paying compensation, attending a drug treatment session). If you breach the conditions, the original offence can be charged in court. Conditional cautions require CPS authorisation.
To be eligible for a caution, you must: admit the offence; there must be sufficient evidence to charge you; and a caution must be in the public interest. If you do not admit the offence, you cannot be cautioned — you can only be charged or released. This means that if you believe you have a good defence, refusing the caution and allowing the matter to proceed to charge and trial may result in acquittal.
Under the Rehabilitation of Offenders Act 1974 as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), simple cautions become spent immediately but remain on the PNC and are disclosable on DBS checks in certain circumstances. The filtering rules under the DBS update service determine when spent cautions no longer appear — the rules changed significantly after R (P) v Secretary of State for Justice [2019] UKSC 3.
Always ask to see the evidence before deciding. Ask whether a community resolution, restorative justice, or no further action is available instead. Some cautions — particularly for sexual or violent offences — carry mandatory registration or notification requirements.
Legal Basis
- §Criminal Justice Act 2003, ss.22–27 — Establishes the conditional caution scheme, setting out the conditions that may be attached, CPS authorisation, and the consequences of breach.
- §Rehabilitation of Offenders Act 1974 — Governs the treatment of cautions as spent convictions and the disclosure regime under DBS checks.
- §Police and Criminal Evidence Act 1984, Code G — Requires that cautions are given in accordance with national guidance (Home Office Circular) and only where a full admission is made.
What To Do
Ask for the Full Disclosure of Evidence
Before accepting or refusing a caution, ask the police what evidence they hold. You are entitled to understand the evidential basis for the proposed caution. If the evidence is weak, a charge may not pass the evidential threshold of the Full Code Test and the matter may proceed no further.
Take Advice From a Duty Solicitor
Legal advice is free at the police station stage. Ask to speak with a duty solicitor before you respond to the caution offer. A solicitor can review the disclosure, advise on your defences, and explain the long-term record implications for your particular circumstances — especially if you work in a regulated profession or with children or vulnerable adults.
Understand the DBS and Employment Impact
Cautions appear on DBS checks for certain periods and in certain circumstances. For enhanced checks (teachers, healthcare workers, social workers, prison staff, childminders), a caution may disclose for many years or indefinitely depending on the offence. Check the DBS filtering rules and consider whether the caution would make you ineligible for your current or intended employment.
Make an Informed Decision
Once you understand the evidence and the long-term impact, you can make a genuinely informed decision. Accepting avoids the stress and uncertainty of a charge and trial. Refusing risks a charge — but a charge may be discontinued by the CPS, and a trial may result in an acquittal. There is no single right answer; it depends on the strength of the evidence and your individual circumstances.
Request an Alternative Disposal If Available
Ask whether a community resolution or restorative justice disposal is available. These are informal and do not appear on the PNC in the same way as a caution. They are more commonly used for minor first-time offending. The police have discretion to offer these alternatives in appropriate cases.
Important Deadlines
Important Warnings
Accepting a caution is an admission of guilt. It cannot generally be appealed or set aside after the fact. The only challenge route is judicial review of the decision to caution.
A caution can be cited in court if you are convicted of a later offence and may affect sentence. It also counts against you in any future police bail or court bail risk assessment.
Some offences — particularly sexual offences — may trigger notification requirements (the 'sex offenders register') even where a caution rather than a conviction is given. Confirm this with your solicitor before accepting.