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Police caution
A police caution is a formal alternative to prosecution in minor cases, administered by the police in England and Wales. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution. Accepting a caution requires an admission of guilt.
A police caution (since 2005 more properly known as a simple caution) is a formal warning given by the police to anyone aged 10 years or over who has admitted that they are guilty of a minor crime. A person may refuse to admit guilt and not accept a caution, but can then be subject to criminal prosecution.
A police caution as a non-statutory disposal of an offence is quite different from the caution used for the purpose of advising a suspect of their right to silence.
The aims of the formal police caution are:
As a result of changes made by the Criminal Justice Act 2003, cautions can be administered in two forms: as a simple caution or as a conditional caution, the latter of which has specific conditions attached that the offender must satisfy—attending a course aimed at targeting offending behaviour, for example. The Home Office has released guidance to the police and prosecutors on the use of the simple caution.
Although a caution is not a conviction, it forms a part of a person's criminal record and can be used as evidence of bad character if a person is prosecuted for another crime, and Disclosure and Barring Service (DBS) checks (previously called Criminal Records Bureau (CRB) checks) for certain types of employment. A caution can cause some countries not to allow a person to visit or reside in the country.
In order to safeguard the offender's interests, the following conditions must be met before a caution can be administered:
Where the available evidence does not meet the standard normally required to bring a prosecution, a caution cannot be administered. A caution will not be appropriate where a person does not make a clear and reliable admission of the offence (for example if intent is denied or there are doubts about their mental health or intellectual capacity).
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Police caution
A police caution is a formal alternative to prosecution in minor cases, administered by the police in England and Wales. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution. Accepting a caution requires an admission of guilt.
A police caution (since 2005 more properly known as a simple caution) is a formal warning given by the police to anyone aged 10 years or over who has admitted that they are guilty of a minor crime. A person may refuse to admit guilt and not accept a caution, but can then be subject to criminal prosecution.
A police caution as a non-statutory disposal of an offence is quite different from the caution used for the purpose of advising a suspect of their right to silence.
The aims of the formal police caution are:
As a result of changes made by the Criminal Justice Act 2003, cautions can be administered in two forms: as a simple caution or as a conditional caution, the latter of which has specific conditions attached that the offender must satisfy—attending a course aimed at targeting offending behaviour, for example. The Home Office has released guidance to the police and prosecutors on the use of the simple caution.
Although a caution is not a conviction, it forms a part of a person's criminal record and can be used as evidence of bad character if a person is prosecuted for another crime, and Disclosure and Barring Service (DBS) checks (previously called Criminal Records Bureau (CRB) checks) for certain types of employment. A caution can cause some countries not to allow a person to visit or reside in the country.
In order to safeguard the offender's interests, the following conditions must be met before a caution can be administered:
Where the available evidence does not meet the standard normally required to bring a prosecution, a caution cannot be administered. A caution will not be appropriate where a person does not make a clear and reliable admission of the offence (for example if intent is denied or there are doubts about their mental health or intellectual capacity).