A police caution is a formal out-of-court disposal that usually requires admitting the offence — it is not a trivial warning. Before accepting, understand simple vs conditional cautions, DBS disclosure and filtering, and that you can refuse and seek legal advice. New diversionary and community cautions under the Police, Crime, Sentencing and Courts Act 2022 Part 6 are not yet in force for giving cautions (as at October 2026).
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Key takeaways
- A caution involves admission and creates a record — get advice before agreeing.
- Simple and conditional cautions remain the in-force framework for adults.
- PCSC Act 2022 sections 98–115 (diversionary/community cautions) are marked Prospective — not in force for issuing those cautions.
1) What a caution is
An adult simple caution is an out-of-court disposal for admitting an offence. A conditional caution includes conditions and can lead to prosecution if breached. Both are serious — not informal warnings.
2) Admissions
You should not accept a caution to “get it over with” without understanding that you are accepting guilt. Interview under caution rules may have applied before the offer. Speak to a solicitor before signing.
3) DBS and filtering
Cautions may appear on DBS certificates depending on type, role, and filtering rules under the filtering rules for criminal record check certificates. Filtering does not remove all cautions in all circumstances.
4) Refusing a caution
You can refuse. Police may then consider charge, NFA, or other disposal. Refusal is not an admission of innocence but may lead to prosecution if evidence supports it.
5) PCSC Act 2022 Part 6 — diversionary and community cautions
The Act creates a future two-tier model (diversionary cautions and community cautions with conditions). On legislation.gov.uk, section 98 is shown as Prospective with commencement commentary that it was not in force at Royal Assent. Section 116 (code of practice duties) is in force, but that does not mean police can yet issue the new caution types. Until commencement, rely on simple/conditional caution guidance from police and the CPS.
Related guides
Sources
Sources checked: 1 October 2026.
- Police and Criminal Evidence Act 1984 — legislation.gov.uk
- PACE Code C 2023 — GOV.UK
- SRA register — Tuckers Solicitors LLP (127795)
- CPS — Conditional cautioning (adults)
- GOV.UK — DBS filtering rules
- PCSC Act 2022, section 98 (Prospective)
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. Do not 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 ID: 127795).