What is a police caution – and how long do they last?

A police caution can be confusing and raise a whirlwind of questions. What exactly is a police caution? What does it mean for you? If the police have cautioned you, it’s natural to have questions.

This comprehensive guide, written by police caution expert Latoya Atkinson, aims to untangle the complexities of police cautions in the UK and provide clear and informative answers to all your questions, empowering you to understand the process and navigate it with confidence.

If you’re interested in one particular section, use the links below to navigate straight to it:

• What is a caution from the police?
• Types of police cautions
• The 4 legal requirements for a valid caution
• When are police cautions given?
• Is a caution a conviction?
• Is a caution a criminal record?
• How do you know if you have a police caution?
• What does not accepting a police caution mean for you?
• Should I accept my police caution?
• How long does a police caution last?
• How to get a police caution removed
• How can we help

Ready to get clear answers about your police caution? Contact our team today.

What is a caution from the police?

A police caution is a formal legal outcome issued for a criminal offence. There is a common misconception that police cautions are merely a “slap on the wrist” or warning, but that’s not the case. Accepting a caution means admitting that you committed the offence, and it serves as an official alternative to prosecution.

This type of caution, often referred to as a disposal caution, allows the matter to be dealt with without going to court, but it still carries legal consequences.

The “When Questioned” caution

While this guide focuses on the disposal caution, there is another type of ‘when questioned’ caution. It is the legal warning given during an arrest or interview, for example: ‘You do not have to say anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence’.

This caution is not a criminal sanction. Instead, it explains your legal rights and the potential consequences of remaining silent during questioning.

We recommend you seek legal advice from professional criminal defence solicitors before accepting a disposal caution.

Types of police cautions

There are two main types of cautions: simple and conditional. Understanding the difference between a caution and a conditional caution is essential for your rehabilitation period.

• Simple cautions are for minor offences and become “spent” immediately. This means they are not disclosed on basic DBS checks.
• Conditional cautions involve additional conditions like compensation payments or rehabilitation programmes. These cautions become spent after three months of fulfilling those conditions.

There are also youth cautions and youth conditional cautions, which are similar to adult cautions but have slightly different procedural requirements. We’ll talk about these in more detail later.

The 4 legal requirements for a valid police caution

For a caution to be legally valid, the police must meet these strict criteria:

1. Evidence: There must be a ‘realistic prospect of conviction’ if the case were to go to court.
2. Admission: You must make a clear and reliable admission of guilt.
3. Informed Consent: The police must explain the full implications, including that it will result in a criminal record and you must consent to be issued with a caution.
4. Public Interest: A caution must be the most appropriate way of dealing with the offence.

When are police cautions given?

Police cautions are often used for the more minor crimes, particularly where you are a first-time offender, but it’s up to the police to decide whether to offer one or refer the case to the Crown Prosecution Service (CPS). To be eligible for a caution, though, certain criteria must be met. Most significant is that the police can only give you a caution if you admit that you’re guilty.

A simple police caution is less likely to be offered, and the case is more likely to be referred to the Crown Prosecution Service (CPS) under the following circumstances:

• The crime involved serious violence and sexual harm.  
• The offender had a prior criminal history, including prior cautions.
• The offender was on bail or subject to a court order at the time of the offence.
• The offender was a serving prisoner or subject to prison recall.

For more serious crimes, the police are more likely to pursue a formal charge.

When might I be given a conditional caution?

The circumstances around being given a conditional caution are the same as those for a simple caution, however, a conditional caution might be chosen over a simple caution if the police believe conditions could:

• repay to the victim or community;
• remove the individual from the area;
• help to prevent future offending behaviour; or
• provide an appropriate fine (ranging from £50 to £150).

As part of the process, the police should factor in the victim’s input, community considerations, and the likely impact of the conditions. These conditions come with a timeframe, typically up to 16 weeks, in which these conditions must be completed. You could be charged with the original crime if you don’t fulfil the conditions. 

Is a caution a conviction?

No, a caution is not a conviction. Only a court of law can convict you of a crime. However, a caution is a criminal record, much like a conviction and will be retained on the PNC for 100 years. 

All cautions, reprimands and warnings retained on the PNC are potentially disclosable on a Disclosure and Barring Service (DBS) depending on the circumstances.

Most adult cautions become protected, or “filtered”, after six years and will not automatically appear on a standard or enhanced DBS. However, cautions for offences that are classed as “specified”, are never protected, and will always be disclosed on an enhanced and standard check. This means a caution could potentially impact your employment or volunteering opportunities.

While certain disclosure rules may limit when a caution shows up on a DBS check, the caution itself remains on the PNC record unless deleted. This means it would always affect an ACRO police certificate.

Is a caution a criminal record? 

Yes, a caution is a criminal record. Whilst less serious than a conviction, it is an admission that you have committed a criminal offence and can be disclosed on Disclosure and Barring Service (DBS) certificates and ACRO police certificates.

How do you know if you have a police caution?

Usually, this will be fairly obvious. The police will inform you directly if you are being cautioned and typically, you will need to sign a caution document. This ensures everything is documented accurately. When cautioned, you should receive a clear explanation of the offence and the details of the caution. 

However, if time has passed, or you’re just unsure, you can request a Subject Access Request (SAR) to ACRO for a copy of your PNC. This is a formal request to see what information the police hold about you on the national database, including any cautions recorded.

Will I lose my job if I get a police caution?

If you do need to disclose the caution to your employer and have worked there for some time, it’s highly unlikely that you will be dismissed from your job, unless the caution you have received is relevant to the work you do. Ultimately, it is for your employer to decide. 

It is also against the law for an employer, university or college to refuse you a role because you’ve got a spent conviction or caution unless, again, it makes you unsuitable for the role. 

If your role is regulated, then there may be an expectation or obligation upon you to notify or self-refer yourself to your regulator.

Will a police caution stop me from travelling? 

A short answer is: No, it won’t stop you from travelling, but it can restrict travel to certain countries, particularly for visas or long-term travel, as it acts as an admission of guilt and appears on criminal record checks. 

Check our detailed guide: Can I Travel Abroad with a Police Caution?

What does not accepting a police caution mean for you?

Not accepting a police caution can go one of two ways. If you don’t accept, the police will need to decide whether to let you go or to pass your case to the Crown Prosecution Service (CPS), who will decide whether to prosecute you. The outcome can then swing in either direction: you may be acquitted, maintaining a clean record, or you could face conviction, resulting in a more severe mark on your criminal record compared to a caution.

If you have a criminal conviction on your record, it will show up even on basic DBS checks, and you would be required to disclose your unspent convictions when asked by potential employers. A conviction like this may also severely interfere with your ability to study, travel, and purchase insurance.

Should I accept my police caution?

Accepting a police caution means admitting that you’re guilty of the offence and agreeing to the consequences outlined by the police officer, but you do have the right to refuse a police caution. Some people choose to do so because they believe the matter should result in No Further Action, or because they do not accept that they are guilty of the allegation. 

You might decide not to accept a police caution if:

1. You are innocent: You should only accept if you freely admit guilt.
2. Lack of evidence: The police must have enough evidence to actually convict you in court to offer a caution.
3. Defence: You may have acted in self-defence or have significant mitigating circumstances that a court should hear.

If you refuse, the case is passed to the CPS. While you risk a conviction, you also maintain the opportunity for an acquittal, which leaves you with a completely clean record.

You have a right to independent legal advice throughout your time at the police station, whether you have been arrested or attended voluntarily for an interview. We recommend that you seek legal advice from specialist criminal defence solicitors before answering any police questions and agreeing to accept a caution. 

Does a police caution go on your record?

Yes, a police caution does go on record. Once you accept a caution, it will be recorded on the police national computer (PNC), so you will have a criminal record.

Can you still get insurance?

Cautions are automatically spent under the Rehabilitation of Offenders Act (ROA), so you should not need to disclose them. 

Can you still get the job you want?

As we mentioned above, simple cautions don’t show up on basic Disclosure and Barring Service (DBS) checks, so if you apply for a job requiring a basic check, you won’t need to disclose your caution. If you are asked in a job interview whether you have any criminal convictions, you can also answer no because a caution is not a conviction.

If you apply for a job that requires a standard or enhanced DBS check (such as teaching or care work), then your caution will be disclosed on these checks unless it is eligible for filtering. An offence eligible for filtering means that, although it will remain on your criminal record, it won’t show up even on enhanced checks. For a full list of eligible offences, see the gov.uk website.

Background intelligence relating to protected criminal records or non-conviction information may still be disclosed as ‘other relevant information’ at the discretion of the Chief Officer, but never automatically and only as part of an enhanced DBS check.

What if you’re involved in another case and you have a caution?

If you are subsequently involved in another case, then the caution may be referred to when the police are deciding what action should be taken against you. Existing cautions could also be used as evidence against you at court.

Will it affect your application for a visa?

Police cautions can affect your ability to get a visa, depending on the type of visa you apply for and the offence for which the caution was issued. It can also affect visa-waiver eligibility.

Ultimately, it’s highly recommended to seek legal advice from a solicitor before making a decision on whether to accept a police caution. A solicitor can assess your situation, explain the potential consequences of both accepting and rejecting the caution and advise you on the best course of action for your specific circumstances.

Can you receive more than one caution?

A person cannot receive a second police caution for an offence similar to a previous one if the first was issued within the last two years. An exception to this rule may be made, but only in exceptional circumstances, which must be determined by a police officer who holds at least the rank of inspector.

How long does a police caution last?

There is a common misconception that a police caution gets removed after five years due to previous rules related to the retention of cautions. The retention and disclosure rules have changed many times over the years. As mentioned above, a police caution is retained on the PNC for 100 years unless deleted.

The retention of cautions on your PNC record is separate from the disclosure rules for DBS checks. Let’s delve into how long cautions typically stay on record and how they are disclosed for adults and youths, as there are some key differences between the two:

Adults (18 and over)

For adults, simple cautions are the most forgiving. Depending on the offence, they disappear from standard and enhanced DBS checks after six years, becoming “filtered” and no longer disclosed.  

It’s important to remember that employers are generally restricted from considering spent records for most jobs, with the exception of serious offences.

Youths (18 and under)

Youths have a different set of rules. Youth cautions (not conditional), warnings, and reprimands are the most fortunate scenario as they won’t appear on DBS checks at all. 

Youth conditional cautions, however, require a bit more waiting. They take three months to become “spent” after meeting the conditions, and during this time, they will be visible on standard and enhanced DBS checks. Once “spent”, they, too, will not automatically be disclosed. 

Specified Offences

If your caution is for a ‘specified offence’ (serious crimes like violence or sexual offences), it will never be filtered and will always show up on standard and enhanced checks. However, this rule does not apply to youth cautions. Youth cautions for a specified offence will not be disclosed. 

How to get a police caution removed

We’re often asked how to get a police caution removed. Police cautions will never automatically be deleted; however, it is possible to apply to have a caution and its trace elements deleted from the PNC so that it will not appear anywhere in the future. 

This can only be done if there are sufficient grounds to demonstrate your case as being ‘exceptional’. Whether this test is met is entirely within the discretion of the police, so any application must persuade them with good reasons to exercise that discretion in your favour.

How can we help

At Richard Nelson LLP, we specialise in advising on and drafting applications to the police to delete any information they may hold about you, either on the national (PNC) or local (PND) databases (except convictions, which cannot be removed). Once deleted, that information will no longer appear on any DBS Certificate or Police Certificate. Our specialist caution and DBS lawyers can provide expert legal advice.

We have handled hundreds of cases and covered all of the normal offences which result in a caution. However, every case is different and unique to the specific circumstances. We go through every detail with you very carefully so we understand your case and can then properly draft your grounds for deletion to submit to the relevant police force.

If you have been cautioned by the police and are unsure whether to accept it or simply have questions about the process, our criminal defence solicitors can provide expert legal advice. 

Learn more about our police caution removal service or get in touch for a consultation with the experts at Richard Nelson LLP today.