Should I accept a police caution?

Police cautions are incredibly common nowadays, with tens of thousands being handed out every year. While they’re all too common, not many people fully understand the implications of accepting a caution. 

A police caution may not be as serious as a criminal conviction, but it can still have serious personal and professional repercussions. Below, we outline what a police caution actually means, and provide some guidance on whether or not you should accept one. 

 

In short

Whether or not you should accept a police caution is highly context-dependent. If you choose not to accept the caution, the situation may be escalated, which can have even more serious ramifications. It is always a good idea to speak with a solicitor first, to determine what path is best for you. 

 

What is a caution?

A police caution is a formal type of warning that can be issued by either the Crown Prosecution Service (CPS) or the police, for minor criminal offences. That could include minor criminal damage like graffiti, petty theft, or even common assault. 

Simple cautions carry no further conditions or punishments, while conditional cautions can require that the offender pays compensation, attends treatment, or abides by some other set of rules. 

Admission of guilt

Before you accept a caution, you have to formally admit that you are guilty of the offence connected with the caution. This means that you won’t be able to fight that charge later in court. 

It will show up on certain criminal background checks, can affect your ability to travel abroad, and might have an impact on how you are treated by the criminal justice system should you be charged with an offence in the future.

 

What if I refuse the caution?

You do not have to accept a caution. However, if you do choose to refuse it, the police will have to decide whether they want to take no further action, or refer the case to the Crown Prosecution Service (CPS), which will then have to decide whether or not they want to prosecute. 

If the CPS do decide to prosecute, and you’re found guilty, that will obviously be worse than merely receiving a caution. Whether or not this happens will depend on how much evidence the police have against you, and whether or not the CPS decide it’s in the public interest to pursue prosecution. 

 

Legal advice

You have a right to review what evidence the police have against you before you accept your caution. You also have the right to legal advice, and a solicitor will be able to help you to analyse the evidence, and decide whether or not accepting the caution might be better than taking it to court and fighting the charge. 

Dealing with police cautions in the right way generally requires seeking advice from a criminal defence solicitor. It might not seem as important as being formally charged with an offence and having to fight it in court, but it can have just as big an impact on your future from a professional and personal perspective.