Sex Laws Info

Police Cautions

Informal - a verbal warning, often given on the spot, by any police officer, which does not count towards a criminal record. (e.g. "Get that sidelight fixed or I'll book you next time")

Simple (previously called "Formal") - an altogether more serious matter. This type of caution is normally given at a police station and must be given by an officer of Inspector rank or above. It may be cited in any subsequent Court proceedings. It is not a conviction per se, but it is only given in cases where there is deemed to be sufficient evidence for a prosecution and where the subject has admitted guilt. These "Simple" cautions are often discussed with the Crown Prosecution Service, and are seen as an alternative to Court proceedings. They remain on the criminal record together with any fingerprints, photographs, etc.

Conditional Caution. In 2003, the Criminal Justice Act enabled conditions to be attached to cautions, e.g attendance at a drug clinic. The person cautioned is required to accept such conditions in order to avoid prosecution for the offence concerned. Such cautions form part of the criminal record and are fully documented by the police. The recipient is required to sign to the effect that a caution has been administered.
Following widespread public concern (especially from victims of crime), that the caution mechanism was seen in some quarters as a soft option, the Police and Justice Act of 2006 intoduced the concept of attaching "punitive measures" to cautions. These can include the payment of a financial penalty, unpaid work for up to 20 hours, or attendance at a specified place for up to 20 hours.

Because conditions are imposed, these types of cautions can be used for slightly more serious offences and when people have unrelated previous convictions or cautions. It needs to be remembered however that a caution is an irretractable admission of guilt that falls under the Rehabilitation of Offenders Act 1974. The effect of this can be dramatic. Most convictions for more minor offences become spent after a number of years. As a result they do not need to be mentioned to, say, a possible employer. Probably because of an oversight, cautions are never spent and, if asked about, always have to be declared.

A record of the caution should be removed from the Police National Computer database, but only after five or ten years depending on the offence. In addition, cautions for more serious offences will never be removed. This means that a standard Criminal Records Bureau check, as undertaken by increasing numbers of employers, will flag up the caution just as the prospective employer and potential employee are poised to sign on the dotted line.

Even those who feel secure in their jobs should be wary of the effects of a caution. Home Office guidance confers an obligation upon police to notify the relevant disciplinary or regulatory bodies of those working in areas such as education, healthcare, law and the Civil Service, that a caution has been administered. This, at the very best, is likely to result in an internal disciplinary interview and, at worst, could potentially bring to an end a glittering career.

In addition, where a caution is issued for the majority of offences under one of the 143 sections of the Sexual Offences Act 2003 it will result in a two-year stint on the Sex Offenders Register with all the associated stigma and career restrictions.

So, to those who think "I got off with just a caution" is a good thing........think again!

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