Police Cautions in England and Wales

What is a Police Caution?

A police caution is a formal warning given by a police officer to a person who has admitted to committing a criminal offence. It is not a conviction, but it is a criminal record. The purpose of a caution is to deal with low-level offending quickly and proportionately, without the need for prosecution through the courts.

Three conditions must be met before a caution can be administered: there must be sufficient evidence to provide a realistic prospect of conviction, the suspect must admit the offence, and it must not be in the public interest to prosecute. The suspect must also consent to receiving the caution.

Cautions are governed by the Ministry of Justice guidance "Simple Cautions for Adult Offenders" (most recently updated in 2015) and the PACE framework for the investigation and disposal of offences. The Criminal Justice Act 2003 introduced conditional cautions as an additional disposal, and the Criminal Justice and Courts Act 2015 placed significant statutory restrictions on when simple cautions may be used.

Cautions sit within a broader hierarchy of out-of-court disposals. From lowest to highest severity, these are: community resolution, cannabis warning (now largely superseded), penalty notice for disorder, simple caution, conditional caution, and charge. The decision to caution rather than prosecute is guided by the Code for Crown Prosecutors, the MoJ Simple Cautions guidance, and the Director's Guidance on Charging issued by the Director of Public Prosecutions.

History of Cautions

The police caution has a long history in England and Wales, evolving from an entirely informal practice into a statutory framework over more than a century. Understanding this history helps explain why the current system operates as it does and why Parliament intervened to restrict the use of cautions for serious offences.

Informal Origins

For most of the 19th and 20th centuries, police officers exercised an informal discretion to warn offenders rather than prosecute. These warnings had no statutory basis and were not centrally recorded. A constable who caught a first-time shoplifter might administer a verbal telling-off at the scene and send the person on their way. There was no paperwork, no record on a national database, and no formal consequences. This practice was widely used but entirely unregulated.

The 1985 Home Office Circular

The first significant attempt to formalise the cautioning process came with Home Office Circular 14/1985, which set out national standards for the use of cautions. The circular established the core principles that remain today: sufficient evidence, an admission of guilt, and public interest considerations. It encouraged police forces to adopt consistent cautioning practices and to record cautions centrally. However, it was guidance only, with no statutory force, and practice varied enormously between forces.

The 1990s: Concern About Overuse

By the early 1990s, concern was growing that cautions were being used too readily for serious offences. The Audit Commission's 1996 report "Misspent Youth" found that repeat cautioning was common and that some offenders received multiple cautions for the same type of offending without ever being prosecuted. Home Office Circular 18/1994 attempted to tighten the criteria, discouraging repeat cautions and cautions for indictable-only offences. The Crime and Disorder Act 1998 replaced cautions for young offenders with a statutory system of reprimands and final warnings, administered by Youth Offending Teams.

The Criminal Justice Act 2003: Conditional Cautions

Part 3 of the Criminal Justice Act 2003 created conditional cautions for adults, giving the caution a statutory footing for the first time. This allowed conditions to be attached: compensation, rehabilitation, unpaid work, or attendance at a programme. If conditions were breached, the offender could be prosecuted for the original offence. The conditional caution gave prosecutors a middle ground between a simple warning and a full prosecution.

The 2013 MoJ Guidance

In 2013, the Ministry of Justice issued revised guidance on simple cautions that significantly restricted their use. The guidance stated that simple cautions should not normally be given for indictable-only offences (the most serious category, triable only in the Crown Court) or where the offender had received a caution for a similar offence within the previous two years. This was an administrative restriction, not a statutory prohibition, meaning police forces could depart from it in exceptional circumstances.

The Criminal Justice and Courts Act 2015

Section 17 of the Criminal Justice and Courts Act 2015 placed restrictions on simple cautions on a statutory footing for the first time. It prohibits the use of simple cautions for indictable-only offences and for either-way offences specified by the Secretary of State. The list of specified either-way offences is set out in secondary legislation and includes offences such as assault occasioning actual bodily harm (ABH), sexual assault, and certain drug supply offences. A simple caution given in breach of section 17 is not automatically invalid, but it may be challenged by way of judicial review. The 2015 Act represented the culmination of decades of concern about the overuse of cautions for serious offending.

The Caution Process

The process of administering a caution follows a structured sequence. Understanding each step is important because a failure to follow correct procedure may provide grounds for challenging the caution afterwards.

Step 1: Investigation and Interview

Before a caution can be considered, the police must investigate the alleged offence and interview the suspect under caution (the "interview caution" under PACE Code C, which is distinct from the "police caution" disposal). The interview must be conducted in accordance with the Police and Criminal Evidence Act 1984 and Code C. The suspect is entitled to free and independent legal advice before and during the interview, either from the duty solicitor or their own solicitor. The suspect must be told that they do not have to say anything, but that it may harm their defence if they do not mention when questioned something which they later rely on in court.

Step 2: Admission of the Offence

A caution cannot be administered unless the suspect makes a clear and reliable admission of the offence. The admission must cover all elements of the offence, not merely an acknowledgement that an incident occurred. For example, in a theft case, the suspect must admit taking the property and intending permanently to deprive the owner of it. An equivocal admission (such as "I suppose I must have done it") is not sufficient. If the suspect denies the offence or gives an equivocal account, a caution is not appropriate and the case must be dealt with by other means.

Step 3: Evidential and Public Interest Tests

The officer (or, for conditional cautions, the Crown Prosecution Service) must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction if the case were prosecuted. This is the same evidential test applied by the CPS under the Code for Crown Prosecutors. The officer must also be satisfied that it is not in the public interest to prosecute. Factors relevant to the public interest include the seriousness of the offence, the suspect's previous offending history, the impact on the victim, and whether the suspect is vulnerable.

Step 4: Decision to Caution

For a simple caution, the decision is made by a police officer of at least the rank of inspector (per MoJ guidance). For a conditional caution, the decision must be authorised by the Crown Prosecution Service or a person authorised by the CPS. The decision-maker must consider whether a caution is the appropriate disposal, or whether the case should be dealt with by way of a community resolution, a penalty notice for disorder, or prosecution.

Step 5: Explanation and Formal Delivery

Before the caution is administered, the officer must explain to the suspect in plain language what the caution means and what its consequences are. This explanation must cover: that the caution is a formal record that will be held on the Police National Computer; that it may be disclosed on future DBS checks; that it may affect travel to certain countries; that it may need to be disclosed to certain employers and professional bodies; and, for conditional cautions, what the conditions are and what will happen if they are breached. The suspect must be given the opportunity to ask questions.

Step 6: Consent and Signing

The suspect must consent to receiving the caution. Consent must be informed: the suspect must understand what the caution is and what its consequences are. The suspect is asked to sign a form confirming that they admit the offence, understand the caution, and consent to it. If the suspect refuses to sign, the caution cannot be administered. The suspect is entitled to have taken legal advice before signing. Once signed, the caution is recorded on the Police National Computer and the process is complete.

After the Caution

Once a caution has been administered, the suspect is released. For a simple caution, no further action is required. For a conditional caution, the suspect must comply with the conditions within the specified timeframe. The caution is recorded on the PNC and will appear in future criminal record checks, subject to filtering rules. The suspect should be given written confirmation of the caution and, where relevant, details of the conditions attached to it.

Simple Cautions

A simple caution (formerly known as a "formal caution" or "police caution") is the most basic form of out-of-court disposal for adults. It is recorded on the Police National Computer (PNC) and forms part of the recipient's criminal record.

Since 2013, the MoJ guidance has restricted the use of simple cautions for indictable-only offences and for repeat offenders. A simple caution should not normally be given where the offender has received a caution for a similar offence in the previous two years.

The 2015 Statutory Prohibition

Section 17 of the Criminal Justice and Courts Act 2015 placed the restriction on simple cautions on a statutory footing. It prohibits the use of simple cautions for indictable-only offences entirely, and for specified either-way offences listed in secondary legislation. The specified either-way offences include assault occasioning actual bodily harm (s.47 Offences Against the Person Act 1861), sexual assault (s.3 Sexual Offences Act 2003), possession with intent to supply Class B or C drugs, and several other offences that Parliament considered too serious for a simple caution. Before 2015, the restriction was administrative only: police forces could depart from the MoJ guidance in exceptional cases. Section 17 removed that discretion for the most serious categories of offence. A caution administered in breach of section 17 may be challenged by way of judicial review in the Administrative Court.

A simple caution becomes spent immediately under the Rehabilitation of Offenders Act 1974 (as amended by LASPO 2012). This means it need not be disclosed in most employment contexts, although it may still appear on certain DBS checks. The caution remains on the PNC indefinitely regardless of its spent status: "spent" means it need not be disclosed, not that it has been deleted.

Conditional Cautions

Conditional cautions were introduced by Part 3 of the Criminal Justice Act 2003. They carry specific conditions that the offender must comply with within a set timeframe. The conditions must be appropriate, proportionate, and achievable.

Typical conditions include: paying compensation to the victim, attending a rehabilitation or education programme, performing unpaid work in the community, or attending a restorative justice conference. The conditions may also include a punitive element, such as a financial penalty or a requirement to attend at a police station at specified times. The maximum period for compliance is typically 16 weeks, although this may be extended in certain circumstances.

If the offender fails to comply with the conditions, they may be prosecuted for the original offence. The conditional caution is then set aside, and the matter proceeds through the courts. The Criminal Justice Act 2003 (sections 22-27) sets out the statutory framework. A conditional caution must be authorised by the Crown Prosecution Service (or an authorised person), unlike a simple caution which is a police decision alone.

A conditional caution becomes spent three months after the date on which it was given, under the Rehabilitation of Offenders Act 1974 (as amended). During the three-month period before it becomes spent, it must be disclosed in response to questions about unspent convictions and cautions.

Youth Cautions

The youth caution replaced the previous system of reprimands and final warnings for offenders under 18. It was introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and operates alongside youth conditional cautions.

A youth caution may be given by a police officer to a young person who admits an offence, where there is sufficient evidence to charge and it is not in the public interest to prosecute. The police must refer the young person to the local Youth Offending Team (YOT), which will assess whether an intervention programme is appropriate. The assessment considers the seriousness of the offence, the young person's offending history, and their personal circumstances including family background, education, and any vulnerabilities.

Youth conditional cautions are authorised by the Crown Prosecution Service (or a person authorised by the CPS) and carry conditions similar to those for adults. Conditions for young people may include restorative justice conferencing with the victim, attendance at an education or training programme, reparation to the community, or participation in a substance misuse programme. If the young person fails to comply with the conditions, they may be prosecuted for the original offence.

The age of criminal responsibility in England and Wales is 10. Children below that age cannot be cautioned or prosecuted. For children aged 10 to 17, the youth justice system applies distinct principles: the principal aim is to prevent offending, and the welfare of the child must be considered alongside the interests of justice.

Community Resolutions

A community resolution is an informal disposal that sits below the caution in the hierarchy of out-of-court disposals. It is recorded on local police systems but does not constitute a criminal conviction or a formal caution. It is typically used for minor, first-time offending where the victim supports an informal resolution.

Community resolutions are not governed by statute but by College of Policing guidance. They may involve an apology to the victim, reparation, or a restorative justice meeting. They do not appear on Basic or Standard DBS checks, although they may be disclosed on an Enhanced DBS check if the chief officer considers the information relevant and proportionate.

The community resolution is increasingly used as a first step for low-level offending, particularly for minor assaults between people who know each other, low-value shoplifting, and minor criminal damage. The victim's views are central to the decision: if the victim does not support an informal resolution, a community resolution is unlikely to be appropriate. Unlike a caution, a community resolution does not require a formal admission of guilt in the same structured way, although the offender must accept responsibility for the behaviour.

Cautions for Specific Offences

The use of cautions varies significantly depending on the type of offence. Some offences have particular cautioning practices or dedicated out-of-court disposal schemes.

Drug Offences and Cannabis Warnings

For many years, police forces operated a system of "cannabis warnings" for simple possession of small amounts of cannabis. A cannabis warning was an informal disposal below a caution: it was recorded locally but not on the PNC. The typical escalation path was cannabis warning (first offence), penalty notice for disorder (second offence), and then arrest and caution or prosecution (third offence). Practice varied between forces. Some forces, particularly the Metropolitan Police, experimented with diversion schemes that offered drug education rather than formal sanctions. Following the 2015 restrictions on simple cautions, cannabis possession (a Class B offence) remains eligible for a simple caution, but possession with intent to supply is a specified either-way offence that cannot be dealt with by simple caution under section 17 of the CJCA 2015.

Shoplifting

Shoplifting (theft from a shop) is one of the most commonly cautioned offences. For low-value thefts (200 pounds or less), the offence is summary-only under section 22A of the Magistrates' Courts Act 1980 (as inserted by the Anti-social Behaviour, Crime and Policing Act 2014), unless the accused elects Crown Court trial. A simple caution is commonly used for first-time shoplifters who admit the offence and where the goods have been recovered. Many police forces and retailers participate in shop theft diversion schemes, where first-time offenders attend a restorative justice or educational course as an alternative to a formal caution. These schemes aim to reduce reoffending and avoid clogging the court system with minor theft cases.

Common Assault

Common assault (section 39 Criminal Justice Act 1988) is a summary-only offence with a maximum sentence of six months' imprisonment. It is eligible for a simple caution where the criteria are met. However, assault occasioning actual bodily harm (section 47 Offences Against the Person Act 1861) is an either-way offence that is specified under the CJCA 2015, meaning it cannot be dealt with by simple caution. A conditional caution may still be used for ABH where the CPS considers it appropriate, particularly in domestic or familial contexts where conditions such as attending a domestic abuse programme may be more effective than prosecution.

Harassment and Public Order

Offences under section 5 of the Public Order Act 1986 (threatening or abusive behaviour) and section 2 of the Protection from Harassment Act 1997 are commonly dealt with by caution. Section 5 offences may also attract a penalty notice for disorder as an alternative. More serious public order offences (sections 1 to 4 of the 1986 Act) are less likely to be suitable for a caution due to their seriousness.

Effect on Criminal Record

A police caution is recorded on the Police National Computer (PNC) and remains there indefinitely. It forms part of the recipient's criminal record. Although a caution is not a conviction, it carries real and lasting consequences that many people do not fully appreciate at the time they accept one.

Once spent, a caution need not be disclosed in response to questions about criminal convictions in most contexts (employment, insurance, etc.). However, exceptions apply for roles involving children, vulnerable adults, and certain regulated professions.

Insurance Disclosure

Insurance applications frequently ask whether the applicant has any criminal convictions or cautions. For most general insurance (motor, home, travel), a spent simple caution does not need to be disclosed, as the Rehabilitation of Offenders Act 1974 provides that spent disposals need not be declared. However, some insurance policies ask broader questions about any involvement with the police, and applicants must answer honestly. Failing to disclose a caution when asked directly may void the policy. Motor insurance applications typically ask about unspent convictions and cautions, and some ask about all cautions within the last five years regardless of spent status. It is important to read the specific wording of each question carefully.

Professional Body Notification

Many regulated professions require disclosure of cautions regardless of their spent status. The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 exempts certain professions from the protection of the 1974 Act. This means that solicitors (regulated by the SRA), barristers (regulated by the BSB), doctors (GMC), nurses (NMC), teachers (TRA), accountants (ICAEW, ACCA), and financial services professionals (FCA) must disclose all cautions, spent or unspent, to their regulatory body. Failure to disclose may itself constitute professional misconduct. In some cases, a caution for a relatively minor offence has led to fitness-to-practise proceedings and restrictions on the individual's ability to work in their profession.

DBS Checks and Filtering

The Disclosure and Barring Service (DBS) operates three levels of check:

Basic check: Shows only unspent convictions and conditional cautions. A spent simple caution will not appear. Basic checks are available to anyone and are commonly requested by employers for roles that do not require higher-level checks.

Standard check: Shows all convictions and cautions, both spent and unspent, unless they qualify for filtering. Under the current filtering rules, since November 2020, an adult caution for a non-specified offence is filtered immediately. A youth caution is filtered after two years. The list of specified offences that are never filtered includes sexual offences, violent offences, and offences involving children.

Enhanced check: Same as Standard, plus any relevant information held by local police that the chief officer considers relevant and proportionate. This may include information about incidents that did not result in a formal disposal, allegations, and intelligence. Filtered cautions are not disclosed on Enhanced checks. Enhanced checks are required for roles involving regular unsupervised contact with children or vulnerable adults.

The filtering rules are set out in the Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020. The rules were reformed following the Supreme Court's decision in R (P, G and W) v Secretary of State for the Home Department [2019] UKSC 3, which found that the previous blanket disclosure regime was incompatible with Article 8 of the European Convention on Human Rights. For an overview of how sentencing disposals interact with criminal records, free reference material is available.

Cautions and Immigration

One of the most significant and frequently overlooked consequences of a police caution is its impact on immigration and international travel. Many people accept a caution without understanding that it may affect their ability to enter other countries or to maintain their immigration status in the United Kingdom.

Visa Applications and Settlement

The UK Home Office takes cautions into account when assessing applications for leave to remain, indefinite leave to remain (ILR), and British citizenship. A caution is a criminal record, and the Immigration Rules require applicants to declare all criminal records. Failure to disclose a caution on an immigration application may be treated as deception and can result in the refusal of the application or the curtailment of existing leave. For naturalisation as a British citizen, the "good character" requirement under section 6 of the British Nationality Act 1981 requires the Home Office to consider the applicant's criminal record, including cautions. A recent caution may lead to the application being deferred or refused.

Travel to the United States

Travel to the United States is one of the most commonly affected areas. The US Visa Waiver Program (ESTA) asks whether the applicant has ever been "arrested or convicted for an offense or crime." Although a caution is not a conviction, US immigration authorities treat any criminal record as relevant. If you have a caution, you may be ineligible for the ESTA and may need to apply for a B1/B2 visa at the US Embassy, which involves an in-person interview and disclosure of your criminal history. Answering the ESTA questions dishonestly (for example, by failing to disclose a caution) can result in a permanent ban from entering the United States. The US does not have a concept equivalent to the UK caution, and US Customs and Border Protection officers have discretion to refuse entry at the border.

Travel to Other Countries

Australia and Canada both require disclosure of criminal records on visa applications. Australia's character test under section 501 of the Migration Act 1958 takes a broad view of "criminal conduct" and may include cautions. Canada requires disclosure of all criminal records, and its immigration system distinguishes between "deemed rehabilitation" (after 10 years) and applications for rehabilitation. Other countries, including New Zealand, Japan, and the United Arab Emirates, may require criminal record declarations, and the impact of a UK caution varies depending on local immigration law.

Automatic Deportation Thresholds

For foreign nationals in the United Kingdom, a caution does not trigger automatic deportation: that threshold requires a conviction with a custodial sentence of 12 months or more under section 32 of the UK Borders Act 2007. However, a caution may be relevant to a deportation decision under the general "conducive to the public good" power, particularly if the individual has other adverse immigration history or if the offence is serious. Multiple cautions may also be considered cumulatively in immigration decision-making.

Statistics

The use of police cautions has declined significantly over the past two decades. The statistics reveal a disposal that was once the dominant out-of-court mechanism but has been progressively displaced by other disposals and tighter restrictions.

The Declining Trend

In 2007, approximately 363,000 cautions were administered in England and Wales, representing the peak year for cautioning. By 2015, the number had fallen to approximately 137,000. By 2022, it had fallen further to approximately 80,000 per year. This decline reflects a combination of factors: the 2013 MoJ guidance restricting cautions for serious offences, the 2015 statutory prohibition on cautions for indictable-only and specified either-way offences, the growth of alternative disposals (community resolutions, penalty notices for disorder, and diversionary schemes), and a general reduction in the number of offences brought to justice.

Gender and Age Breakdown

Men consistently receive the large majority of cautions: approximately 75-80% of all cautions are administered to males. The age group most likely to receive a caution is 18-24, followed by 25-34. Young adults aged 18-20 are disproportionately represented. For youth cautions (under 18s), the most common age range is 14-17, with boys receiving approximately three times as many youth cautions as girls. The most commonly cautioned offence category for adults is theft, followed by drug offences and criminal damage. For young people, theft and violence against the person are the most common categories.

Regional Variation

Cautioning rates vary significantly between police force areas. Forces covering large urban areas (such as the Metropolitan Police, Greater Manchester, and West Midlands) administer more cautions in absolute terms, but some smaller forces have higher cautioning rates per capita. The variation reflects differences in local policing policy, the availability of diversion schemes, and the demographics of local offending. The College of Policing has issued guidance aimed at reducing inconsistency, but local discretion remains a significant factor.

When to Accept or Refuse a Caution

Accepting a caution is a significant decision. It requires an admission of guilt and creates a permanent record on the PNC. Before accepting, you should consider the following factors carefully.

Right to legal advice: You are entitled to free and independent legal advice at the police station before deciding. A solicitor can advise on the strength of the evidence, the likely outcome if the case were prosecuted, and the consequences of accepting the caution for your particular circumstances. The duty solicitor service is available 24 hours a day and is entirely free. You should always take legal advice before accepting a caution: the police may present it as a quick and painless option, but the consequences can be far-reaching and long-lasting.

Employment implications: Some professions require disclosure of cautions (teaching, healthcare, law, financial services). Accepting a caution could affect current or future employment in regulated sectors. If you work in or intend to enter a regulated profession, a caution may trigger fitness-to-practise proceedings, restrictions on your ability to work, or a requirement to notify your regulator. The consequences vary by profession and by the nature of the offence, but in some cases a caution for a minor offence has ended careers.

Travel implications: Some countries (notably the United States, Canada, and Australia) require disclosure of criminal records, including cautions, on visa applications. A caution may prevent you from using the US Visa Waiver Program (ESTA) and require a full visa application with an interview at the embassy. If international travel is important to your personal or professional life, this is a significant factor to weigh.

Insurance implications: Motor insurance, travel insurance, and some home insurance applications may ask about cautions. A caution may increase your premiums or, in some cases, make it more difficult to obtain cover. Failing to disclose a caution when asked directly may void the policy entirely.

Alternative outcomes: If you refuse the caution, the police may decide to take no further action, release you under investigation, or refer the case to the CPS for a charging decision. Prosecution is not inevitable. In many cases, particularly for minor offences, the evidence may not justify the cost and effort of prosecution, and the case may be dropped. A solicitor can advise on the likelihood of prosecution in your specific circumstances.

Challenging a Caution

A caution may be challenged by way of judicial review in the Administrative Court. Grounds for challenge include: the caution was administered without a proper admission of guilt, the offender lacked capacity to understand the caution, the police failed to follow the MoJ guidance, the caution was given for an offence prohibited by section 17 of the CJCA 2015, or the decision to caution (rather than take no further action) was irrational.

Alternatively, a request for deletion may be made to the Chief Constable of the relevant police force. The decision is discretionary and made under the Management of Police Information (MoPI) guidance and the Data Protection Act 2018. Deletion is granted only in exceptional circumstances. The Chief Constable must balance the individual's rights under Article 8 of the ECHR (right to respect for private life) against the public interest in retaining accurate criminal records.

Successful challenges are more common where procedural errors occurred: for example, where the suspect was not given access to legal advice before accepting, where the admission was equivocal, where the suspect was a vulnerable adult who did not have an appropriate adult present, or where the caution was administered for an offence for which cautions are prohibited by statute. The range of penalties available to the courts provides context for why cautions are used as a proportionate alternative to prosecution.

A successful judicial review will result in the caution being quashed and removed from the PNC. If the Chief Constable agrees to deletion, the caution is removed administratively. In either case, the caution is treated as though it was never given. Legal aid may be available for judicial review proceedings, subject to the applicant meeting the means and merits tests.

Key Legislation

The following statutes form the primary legal framework governing police cautions in England and Wales. Each plays a distinct role in defining who may be cautioned, for what offences, with what conditions, and what the consequences are.

In addition to primary legislation, the MoJ guidance "Simple Cautions for Adult Offenders" (2015) and the Director's Guidance on Charging (6th edition) provide the operational framework for cautioning decisions. The College of Policing's Authorised Professional Practice on out-of-court disposals provides further detail on the use of community resolutions and other informal outcomes.