Accepting a police caution – consult the legal experts
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If you are contacted by the police in England to attend an interview under caution, often referred to as a voluntary interview, it is important that you understand the seriousness of what you say or don’t say to the police.
The criminal law team from Paul Crowley & Co solicitors will provide you with free expert legal advice and accompany you to the interview so that you are aware of any consequences should you accept or refuse a caution
Emma Smith, Director, Paul Crowley & Co Solicitors
A voluntary police interview can seem very informal, however the interview will be recorded and can be used as evidence resulting in the commencement of criminal proceedings.
What is a police caution?
A caution is a formal notice given when you admit to an offence. There are two types of caution:
Simple: Issued where there is enough evidence that the police think there would be a possibility of conviction if there were a court case. You must also have admitted to the offence and agree to accept the caution.
Conditional: These are the same as simple cautions except have conditions attached, which, if you don’t follow, will result in you being charged and required to go to court. They could include conditions such as repairing criminal damage or going to treatment for drug abuse.
What is the police caution wording?
The wording of a Police caution is: “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”. Our expert lawyers at Paul Crowley & Co will be able to advise you as anything you say to the police will be recorded and used as evidence.
When are cautions given?
Cautions will only be offered to you where the offence is very minor or if you are a first-time offender. If you already have a caution and are accused of another offence, it is unlikely you will be offered another unless the offences are minor and unrelated to each other.
Does a police caution go on your record?
Yes, it will be recorded against you on the police national computer so you will have a criminal record. Police cautions are disclosed on standard and enhanced Disclosure and Barring (DBS) service checks for 6 years after they are issued, but they can appear on your record for longer than that because the police have the discretion to disclose cautions even after this time period if they feel it is relevant.
What does not accepting a caution mean for you?
If the police have sufficient evidence and you refuse the caution, they will likely charge you with the offence and you will be required to attend court to make a plea. This could potentially lead to a criminal conviction, which is more serious than a caution.
Should I accept my caution?
If you are already employed, find out what your contract says about disclosure of cautions. If you are planning on applying somewhere where they are likely to carry out a standard or enhanced DBS check (like teaching or care work) then consider whether the caution is related to that employment. You would also want to know whether the offence is eligible to be filtered after a certain amount of time.
If you have been offered a police caution, call our friendly team of experts at Paul Crowley & Co and we will provide you with initial free legal advice. If you ask for a solicitor at the police station, Paul Crowley & Co will attend within 45 minutes.
