What is a police caution?
First and foremost a caution is an acknowledgment of guilt. Therefore, if the police have sufficient evidence to prosecute you and you admit to the offence, they might offer you a caution. An admission to guilt may come during a formal police interview or within a signed written statement. By accepting it, you are confirming your guilt.
The police must make you aware of how the caution will impact you before they offer you a caution and of any conditions that may apply. If they don’t, you may be able to challenge this caution later.
Simple cautions
Simple cautions are the more prevalent of the two types of cautions. Accepting a simple caution indicates that you have admitted to committing the offence without any defence. So, you shouldn’t be offered a caution if you admit guilt but under a defence of coercion for example. Although a caution means you won’t face a prison sentence or fine immediately, it will be recorded on your criminal record. This Government website page also provides information on the implications on DBS checks.
It’s important to note that even after accepting a caution, the police can reopen the case later if new evidence surfaces, indicating that the offence was more severe than initially thought.
Conditional caution
The same principles apply to conditional cautions, but with some differences. Conditional cautions come with specific conditions that the individual must meet. If these conditions are not followed, the individual may be charged with the original crime. These conditions generally focus on rehabilitation, such as providing support for addiction; reparation, like paying for damages to the victim; or punishment, such as paying a fine.
These conditions must also be appropriate for influencing the offender’s behaviour, proportionate to the severity of the crime committed, and achievable within a reasonable time.
If you violate the conditions of your caution without a reasonable excuse, the police can revoke the caution and initiate criminal proceedings. However, the caution and the breach will still be recorded on your criminal record.
Photo by Goh Rhy Yan
