Police Cautions Explained: Should You Accept a Caution?

I don't work for the police. Police Station Agent is run by Defence Legal Services Ltd. When I act for you, I do so as a solicitor at Tuckers Solicitors LLP (SRA number 592449).

"Caution" means two different things at a police station. One is the warning read to you before questioning. The other is a formal out-of-court disposal that you may be offered instead of being charged. This guide explains the difference, the types of caution, what accepting one means for your record and DBS checks, and whether you should accept one.

1) The interview caution and a caution as an outcome

The interview caution is the warning police must give on arrest and before questioning you about an offence. PACE Code C, paragraph 10.5, sets out the words: "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." Being "interviewed under caution" doesn't mean you have been given a caution as a punishment. See the caution before interview.

A caution as an outcome is a formal way of dealing with an offence without going to court. You have to admit the offence and agree to be cautioned. If you don't agree, you can be arrested and charged (GOV.UK: police cautions).

2) Simple and conditional cautions

• Simple caution: a formal caution with no conditions attached.
• Conditional caution: a caution with conditions you must comply with, such as going for treatment or fixing damage to property (GOV.UK). An adult conditional caution can only be given to someone aged 18 or over, and only if the five requirements in section 23 of the Criminal Justice Act 2003 are met (section 22).

The five requirements for a conditional caution are:

1. the authorised person has evidence that you committed the offence;
2. a relevant prosecutor or the authorised person decides that there is sufficient evidence to charge you and that a conditional caution should be given;
3. you admit the offence;
4. the effect of the caution is explained to you, and you are warned that failing to comply with any condition may result in prosecution;
5. you sign a document with the details of the offence, your admission, your consent and the conditions.

If you fail, without reasonable excuse, to comply with a condition, you can be prosecuted for the original offence, and the signed document can be used in those proceedings (CJA 2003, section 24).

3) A caution is an admission of guilt

A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime (GOV.UK). Because you must admit the offence, don't accept a caution just to "get it over with". If you don't believe you committed the offence, or there is a defence, talk to a solicitor before you sign anything.

4) Cautions and DBS checks

Cautions can show on standard and enhanced DBS checks (GOV.UK). Under the DBS filtering rules, an adult caution is removed from a certificate after 6 years have elapsed since the date of the caution, but only if it is not for an offence on the list of offences relevant to safeguarding. For those under 18 at the time of the offence, the period is 2 years (GOV.UK: DBS filtering rules). Rules correct as of 1 November 2026.

For some jobs, even a filtered caution may matter in other ways, so get advice if your work involves children, vulnerable adults or regulated roles.

5) Should I accept a police caution?

It depends on the evidence and on what the caution would mean for you. Before deciding, think about:

• whether you actually admit the offence;
• whether the police have enough evidence to charge you;
• your job, training or volunteering, and any DBS checks you will need;
• any travel or visa applications that ask about cautions;
• for a conditional caution, whether you can comply with the conditions.

You can refuse a caution. The police may then charge you, take no further action or deal with the case another way. Refusing is not an admission, but if the evidence supports a prosecution you may be charged. Legal advice at the police station is free, whether you have been arrested or attend a voluntary interview (PACE section 58; Code C, paragraphs 6.1 and 3.21A(b)).

6) Diversionary and community cautions (not yet in force)

Part 6 of the Police, Crime, Sentencing and Courts Act 2022 creates a new two-tier system of diversionary cautions and community cautions to replace the current ones. On legislation.gov.uk, section 98 (diversionary and community cautions), section 99 and section 117 are shown as prospective, meaning they are not yet in force. Section 116 (code of practice) came into force on 24 May 2023 (SI 2023/573), but that does not let police give the new caution types yet. As at 1 November 2026, simple and conditional cautions remain the relevant framework.

Related guides

• Voluntary interviews
• PACE Code C
• Caution before interview
• No further action after a police interview
• Kent police stations

Conclusion

A caution is a formal admission of guilt with lasting effects on your record. Get advice before you accept one. If someone is in custody now, use the Someone in custody now page; for a booked voluntary interview, use the voluntary interview request form.

Sources

Sources checked: 1 November 2026.

• GOV.UK: Police cautions, warnings and penalty notices
• Criminal Justice Act 2003, section 22, section 23 and section 24: conditional cautions
• GOV.UK: Filtering rules for DBS certificates
• PCSC Act 2022, section 98 (prospective) and section 116
• PACE Code C 2023: GOV.UK
• PACE 1984, section 58: right to legal advice
• CPS: Conditional cautioning (adults)
• SRA register: Tuckers Solicitors LLP (592449)

General information only: not legal advice about any individual case. While every care is taken to keep information accurate, errors may occur and the law changes. Don't rely on this page instead of advice from a qualified solicitor. If you believe something is incorrect, contact us to report a content error. Legal services are provided by Tuckers Solicitors LLP (SRA number 592449).