Omar Bennett
A police caution is a formal warning given to an individual who has admitted to committing a minor criminal offence. It is not a conviction but does form part of a person's criminal record and can be used as evidence of bad character if the individual is prosecuted for another crime. Cautions are also referred to in criminal record checks and can impact future job and university applications, as well as international travel. This article will explore the implications of accepting a police caution and provide insight into the process and potential consequences.
| Characteristics | Values |
|---|---|
| What is a police caution? | A formal warning given by the police to anyone aged 10 or over who has admitted guilt to a minor crime. |
| Is it mandatory to accept a police caution? | No, a person may refuse to admit guilt and not accept a caution, but can then be subject to criminal prosecution. |
| Does a police caution constitute a criminal record? | Yes, a police caution is an admission of guilt and forms a part of a person's criminal record. |
| Can a police caution be removed from criminal records? | Yes, a person can apply to have their caution removed by applying to the ACRO Criminal Records Office's Deletion Unit. |
| Can a police caution impact international travel? | Yes, a caution may impact a person's ability to travel or reside in certain countries. |
| Can a police caution impact employment opportunities? | Yes, a caution can be disclosed on a criminal record check and may result in a refusal for certain job roles or industries. |
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What You'll Learn
Police cautions are formal warnings for minor offences
Police cautions are formal warnings given to individuals aged 10 or older who admit to committing minor criminal offences. Cautions are considered an admission of guilt and are recorded on the Police National Computer (PNC), forming a part of an individual's criminal record. While they do not constitute a conviction, cautions can be used as evidence of bad character if the individual is prosecuted for another crime in the future.
Cautions are issued at the discretion of the police and can be accepted or refused by the offender. If an individual accepts a caution, they agree to their guilt and waive their right to defend themselves in court. Accepting a caution can have significant implications, including potential difficulties with international travel and obtaining visas, as well as impacting certain employment opportunities, particularly in professions such as teaching, nursing, law, healthcare, and working with children or vulnerable adults. Cautions may also be disclosed in future court appearances, even if the individual is a witness rather than a defendant.
It is important to note that cautions become '"spent" immediately under the Rehabilitation of Offenders Act 1974, meaning they do not need to be disclosed for most types of employment. However, they may still appear on standard and enhanced criminal record checks (DBS checks) for a few years, depending on the nature and severity of the offence. The police have the discretion to retain and disclose cautions for longer periods if deemed relevant to the job application.
Individuals have the right to challenge and seek the removal of a caution from their criminal record through an application for expungement to the ACRO Criminal Records Office's Deletion Unit. Successful removal can result in the caution being erased from both internal police records and the PNC.
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Cautions are admissions of guilt and part of a criminal record
Cautions are formal warnings given to individuals who have admitted their guilt for a minor crime. They are considered "out-of-court disposals" and allow individuals to avoid prosecution in court. While they are not considered convictions, cautions do become part of an individual's criminal record. This record is kept on the Police National Computer (PNC), a national database accessible to police forces across the country.
Under the Rehabilitation of Offenders Act 1974, simple cautions become 'spent' immediately, meaning they do not need to be disclosed unless applying for specific types of work. Conditional cautions, on the other hand, become spent after three months. Cautions will typically appear on a Disclosure and Barring Service (DBS) certificate for six years (or two years if the individual was a minor) unless the offence is on the list of offences that will never be filtered from a criminal record check.
It is important to note that while a caution may seem like a ''slap on the wrist,' it can have significant implications for an individual's future. Cautions can impact employment and educational opportunities, as they may be disclosed on criminal record checks. They can also affect international travel, potentially resulting in visa refusals or difficulties entering countries that require visa applications.
Additionally, cautions can be used as evidence of bad character if an individual is prosecuted for another crime in the future. The police also have the discretion to retain and disclose cautions for longer than six years if deemed relevant to a job application. Therefore, it is advisable to seek legal advice before accepting or refusing a caution to fully understand the potential consequences.
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Cautions can be simple or conditional
A conditional caution, on the other hand, has specific conditions attached that the offender must satisfy, such as attending a course aimed at targeting offending behaviour. Conditional cautions were introduced by the Criminal Justice Act 2003 and are considered to be generally inappropriate for hate crimes and domestic violence cases. They are also more resource-intensive for police forces, as they involve monitoring the conditions. The decision to administer a conditional caution may be judicially reviewed and set aside if shown to be unlawful.
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Cautions may impact international travel
A police caution is a formal warning given to an individual who has admitted guilt to a minor crime. It is not a conviction, but it does form part of a person's criminal record. Cautions are also referred to as "out-of-court disposals" because they allow the police to deal with an offence without prosecution in court.
The implications of a caution on international travel depend on the specific requirements and regulations of the destination country. Some countries may have more stringent entry requirements, particularly for certain types of visas or for extended stays. It is important to research the entry requirements and consult official government sources or embassies for the most accurate and up-to-date information.
Additionally, the length of time a caution remains on an individual's record can vary. Under the Rehabilitation of Offenders Act 1974, simple cautions become "spent" immediately, meaning they do not need to be disclosed on basic criminal record checks. However, they may still appear on more comprehensive "enhanced" Disclosure and Barring Service (DBS) checks for a few years. The length of retention can also depend on the severity of the offence and the guidelines of the specific police force.
It is worth noting that individuals can apply to have their caution removed ("expunged") from their criminal record by contacting the ACRO Criminal Records Office's Deletion Unit. Seeking legal advice from a solicitor or a lawyer with expertise in public law and claims against the police can be beneficial in understanding the options and chances of success in having a caution removed or its impact mitigated for international travel.
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Cautions can be challenged and removed from records
To challenge a police caution, you should speak to a lawyer with expertise in public law and/or claims against the police who will be able to advise you. There are five common grounds that have resulted in cautions being cancelled:
- You never admitted to the crime before the caution was offered.
- You were pressured into admitting to the crime by the offer of the caution.
- The offence is so minor that the Crown Prosecution Service (CPS) wouldn't normally go to court over it.
- You put forward a defence prior to the caution being issued.
- The police did not fulfil the requirements for issuing a caution.
If you succeed in challenging a caution, the police are still within their rights to issue it again, albeit using a different procedure to reach the same decision. One way to challenge a caution is to write a letter of claim to the chief constable, informing them that you intend to challenge the decision in the high court. In some cases, this letter may be enough to get the police to reverse their decision.
Another way to challenge a caution is to issue judicial review proceedings and use the representations procedure. This can be done with the help of a law firm that specialises in this area.
It is important to note that even if a caution is removed from the Police National Computer (PNC), the underlying allegation that resulted in the caution may still be retained on a local police force's database. This information may be disclosed on an enhanced DBS certificate if the police consider it relevant. Therefore, anyone who has been affected by this is advised to seek legal advice as soon as possible.
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Frequently asked questions
Yes, a police caution does constitute a criminal record. It is a formal warning given to someone who has admitted guilt to a minor crime. It is not a conviction but can be used as evidence of bad character if the person is prosecuted for another crime. Cautions are also known as "out-of-court disposals".
A caution becomes spent immediately under the Rehabilitation of Offenders Act 1974, meaning it does not need to be disclosed unless applying for particular types of work. However, it can still show up on more in-depth ("enhanced") criminal record checks for a few years. Cautions will appear on a Disclosure and Barring Service (DBS) certificate for six years (or two years if the person was under 18 at the time of the caution).
Yes, you can apply to have your caution removed ("expunged") from your criminal record by applying to the ACRO Criminal Records Office's Deletion Unit. You can also challenge a police caution by issuing judicial review proceedings and using the representations procedure.
