What is the law of caution?
A police caution (since 2005 more properly known as a simple caution) is a formal warning given by the police to anyone aged 10 years or over who has admitted that they are guilty of a minor crime. A person may refuse to admit guilt and not accept a caution, but can then be subject to criminal prosecution.
What is a caution UK law?
A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime. Cautions can show on standard and enhanced Disclosure and Barring Service (DBS) checks.
How long does a caution last?
Caution. If you admit an offence, the police can give you a caution. A caution is not a conviction. A caution is a warning which stays on your record for six years if you’re an adult, or two years if you’re under 18.
What happens when you get a caution?
A caution is a possible outcome of an arrest, which you may be offered instead of being charged. The police make cautions sound less serious, but they are an admission of guilt, and will still go on your record. Accepting a caution can seem appealing because it means you will not go to court for that offence.
Can I refuse a caution?
The evidence required by the police to issue a caution is the same as would be required to take a case to court. So, if you refuse to accept a caution, the police could decide to refer your case to the Crown Prosecution Service who may decide to charge you and take you to court.
How serious is a caution?
Whilst cautions are considered to be ‘less serious’ than convictions, a caution can have potentially serious implications for the person who accepts it, and we are frequently contacted by people who are surprised at the implications of accepting a caution which they had believed to be simply ‘a slap on the wrist’.
Can a caution be removed?
If you have received a caution, you may be wondering how to get a police caution removed. The best way to have a police cautioned removed, is to try to persuade the police that the caution was unlawfully issued.
Is a caution on your criminal record?
Can you refuse to accept a caution?
How long do police cautions last?
six years
Caution. If you admit an offence, the police can give you a caution. A caution is not a conviction. A caution is a warning which stays on your record for six years if you’re an adult, or two years if you’re under 18.
Can you refuse a caution?
How long does caution stay on record?
If you admit an offence, the police can give you a caution. A caution is not a conviction. A caution is a warning which stays on your record for six years if you’re an adult, or two years if you’re under 18.
Can I refuse to accept a caution?
How long does a caution last for?
What happens when the police give you a caution?
Can you get rid of a police caution?
It is possible to apply to the police yourself to have a police caution removed, however this is the case with any criminal matter. You can represent yourself in any allegation, from the most serious to the most minor. If you do not want to represent yourself, you can instruct a lawyer to assist you.
What happens if you refuse a police caution?
Refusing a police caution where the evidence is strong, is likely to result in a prosecution, and ultimately a conviction and criminal record.
Does a caution go to court?
How does a caution affect you?
How long does a police caution stay on record?
Can you overturn a police caution?
Challenging a Police Caution
As an alternative to approaching the police directly, you can challenge your caution by applying for deletion via ACRO. You can set out the legal arguments why you believe your caution should be removed.
Can you refuse a police caution?
It is not therefore sound advice to always advise someone to never accept a police caution if it is offered. It will depend on the facts of the case. Refusing a police caution where the evidence is strong, is likely to result in a prosecution, and ultimately a conviction and criminal record.
Can a police caution affect employment?
Simple cautions can become spent immediately, and so will not affect your employability. Conditional cautions are where certain conditions must be agreed to, such as to pay compensation or issue an apology to a victim.
How long do police cautions last for?