Legal issues
The conditions for a simple caution
- There must be enough evidence to prosecute.
- You must make a clear and reliable admission of the offence.
- You must understand what accepting it means and agree to it.
Why it matters later
- A caution is recorded on the Police National Computer.
- It can appear on enhanced DBS certificates, which matters for work with children, vulnerable adults and many regulated professions.
- Some countries ask about cautions in visa applications.
Conditional cautions carry conditions you must meet, and failing to meet them can lead to prosecution. The caution framework may change if the reforms in the Police, Crime, Sentencing and Courts Act 2022 are brought into force; your solicitor will confirm the current rules.
Evidence that matters
When to think twice
- You do not accept that you committed the offence, or the facts are disputed.
- The evidence may not be enough to charge.
- Your job, professional registration or immigration status could be affected.
Reasonable lines of enquiry
Questions to ask before deciding
- What exactly is the offence, and what facts am I admitting?
- What evidence do the police have?
- What happens if I decline? Will the case go to the CPS?
- Who will be able to see this caution, and for how long?
What happens next
If you decline
The police may take no further action, refer the case to the CPS for a charging decision, or consider another outcome. Declining is your right, and the decision should be made with advice.
Immediate steps
If you are offered a caution
- Ask for legal advice before you sign anything; it is free at the police station.
- Ask for the offer to be explained in writing.
- Tell your solicitor about your job, registration or travel plans.
What should you send us?
Just tell us the offence you have been offered a caution for and when. We will ask for anything else later.