Police cautions explained: what they are, how long they last, and whether they show on a DBS check

What is a police caution?

A police caution is a formal out-of-court disposal offered by the police as an alternative to prosecution. It may be offered where there is sufficient evidence to charge an individual with an offence, the individual admits the offence, and it is considered appropriate to deal with the matter without taking the case to court.

In some circumstances, it may be deemed appropriate to attach conditions to the caution. This is called a “conditional caution”. The conditions may include requirements, such as compensation, an apology, or attendance on a course. Failure to comply with the conditions would result in the matter being referred back to the police or prosecuting authority for consideration to be given as to whether there should be a formal prosecution for the original offence.

A police caution is just one of several out-of-court disposals and diversionary options available to the police. Before accepting a caution, careful consideration should be given to alternative outcomes, some of which do not require an admission of guilt and may have less significant consequences for your employment, professional standing and future opportunities. There are 26 alternative police outcome codes.

Part 6 of the Police, Crime, Sentencing and Courts Act 2022 attempted to introduce “diversionary cautions” and “community cautions”, however this is not yet in force, with no clear indication yet of an enforcement date.

Youth cautions or alternative disposals tailored for children can be available for any child up to the age of 17 years old.

Source: Criminal Justice Act 2003 s22 (conditional cautions); Criminal Justice and Courts Act 2015 s17 (restrictions on simple cautions).

Is a police caution a conviction?

Whilst a police caution is not a criminal conviction, it is a criminal record. It results in a recorded admission of a criminal offence, held on the Police National Computer, capable of disclosure, and capable of being cited in later proceedings. For most practical purposes, the question people care about is whether they have to declare it, and the answer is often yes.

Does a caution show on a DBS check?

A caution can be disclosed on a standard or enhanced DBS check, subject to the filtering rules, and certain offences are never filtered.

A basic check shows unspent convictions and conditional cautions only. A standard check shows cautions and convictions subject to filtering. An enhanced check shows the same, and allows a chief officer to disclose additional information they reasonably believe relevant.

The filtering rules determine when a caution stops being disclosed automatically. Offences on the specified list are excluded from filtering and remain disclosable indefinitely.

Separate from DBS disclosures, the police may in certain circumstances disclose information under their common law powers, where they believe disclosure is necessary and proportionate.

Youth cautions or disposals are not automatically disclosed on standard or enhanced DBS certificates.

Source: Police Act 1997 and the current DBS filtering rules.

How long does a police caution last?

A caution remains on the Police National Computer indefinitely, but the period during which it must be disclosed is limited by the filtering rules. An adult caution is filtered after 6-years. This does not apply to specified offences which predominantly include sexual offences, violent offences, serious safeguarding-related offences.

A caution is also spent immediately for the purposes of the Rehabilitation of Offenders Act, which affects what must be declared to an employer outside the DBS regime.

Do you have to accept a caution?

You do not have to accept a caution, if you are offered one. The significant risk is that by refusing a caution, you are then charged with the offence and required to attend court for the matter to be considered.

Whether a caution is in an individual’s best interests will depend on the strength of the evidence, the nature of the allegation, any professional or regulatory obligations they may have, and their wider personal circumstances. It is not a decision that should be made hastily. A caution offered at a police station is rarely as straightforward as it may first appear. Whilst it can bring an investigation to an immediate end and avoid the stress, cost and uncertainty of court proceedings, it can also have lasting consequences for employment, professional regulation, DBS checks, firearms and shotgun certificates, travel, immigration applications and reputation.

Before accepting a caution, an individual should understand the evidence against them, whether any alternative disposal is available, the likely impact on their career and personal circumstances, whether the caution may be disclosed on future DBS checks, and whether there is any prospect of it being filtered or removed from police records. Above all, they should obtain independent legal advice before making a decision. What may appear to be a simple administrative outcome can, in reality, carry consequences that extend long after the police station process has concluded.

What does a caution mean for your career, travel and visas?

A caution can have significant consequences for both your professional and personal life, particularly where disclosure obligations apply.

For those working in regulated professions, the duty to disclose is often triggered by a caution just as readily as by a conviction. Solicitors, doctors, nurses, teachers, accountants and individuals working in regulated financial services should assume that a caution may need to be reported and should check the relevant rules and guidance at an early stage. Failure to disclose when required can, in some cases, lead to more serious professional consequences than the caution itself.

Travel and immigration issues require particular care. Entry requirements are determined by the destination country, not the UK, and some visa and immigration systems ask applicants to disclose cautions, arrests and other interactions with the criminal justice system, rather than convictions alone. Providing inaccurate or incomplete information can result in refused entry, visa refusals or future immigration difficulties. For that reason, anyone considering travel or a visa application after accepting a caution should obtain advice on the requirements of the country concerned before making an application.

Can a police caution be removed?

An application can be made under the NPCC Record Deletion Process (formerly administered by ACRO) to ask the police to delete a caution from the Police National Computer and associated records. Deletion is generally reserved for exceptional cases, such as where the caution was issued unlawfully, there was a case of mistaken identity, the offence did not occur, the caution was accepted without a proper admission, or there was a significant procedural error.

For those considering an application, the starting point is usually to obtain the relevant police records, identify the basis upon which the caution is said to be incorrect or unjust, and provide supporting evidence. In appropriate cases, legal representations can be made to demonstrate why retaining the caution is no longer justified or why it should never have been issued in the first place.

Source: ACRO Criminal Records Office, record deletion process.