What does it mean if you have been cautioned?
Cautions (technically, “simple cautions”) are used by police to deal with low-level criminal offending, usually by first-time offenders. The caution is an ‘out of court disposal’. Use of a caution avoids the need to charge a person and initiate a prosecution, which is the route to a conviction.
What happens if you get cautioned by the police?
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.
Is a police caution the same as a warning?
There is no difference between a caution and a warning. A caution can be given to anyone over 10 years old for a minor offence such as graffiti.
What is the police when caution?
The police must explain this to you by reading you the police caution: “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.”
Can I refuse a police caution?
Can I refuse to accept a simple caution? If there is sufficient evidence against you, and you refuse an offered caution, the police are likely instead to charge you with the offence which means you will have to go to court. You will also avoid being punished by the court. You should always seek legal advice on this.
What happens if you don’t accept a police 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 long does a police caution 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.
Will a police caution affect my job?
If you have received a criminal conviction or caution in the past, you may be concerned about your future career prospects. By law, employers are not able to rule out job applications because of previous convictions, as long as the conviction or the caution has been ‘spent’.
Is a police caution permanent?
A police caution is not technically a criminal conviction, but it does have a number of the hallmarks of a conviction. Most significant of these is that it will be retained on the PNC indefinitely, and so will be a permanent criminal record.
Can you get rid of a police caution?
Can a police caution be removed? Yes, a police caution can get deleted from the PNC (Police National Computer). It requires compelling grounds to be put forward that are sufficient to persuade the police that the caution ought not to remain on the PNC.
How do you know if you have a police caution?
If you are still unsure if you have a police caution or not, you can run a check against the PNC. You can apply to the police for this, and they will provide you with a copy of your PNC print out. If you have no record on the PNC the police will tell you that you are “no trace” on the PNC.