Understanding Police Cautions and Warnings: What You Need to Know

What is a Police Caution?

A police caution is a formal warning issued by the police when you admit to committing an offence. It is important to note that a caution is not a criminal conviction. Instead, it serves as a record of minor crimes, such as vandalism or graffiti. A senior police officer must issue this caution. If you refuse to accept it, the prosecution may decide to charge you if they believe there is sufficient evidence to take you to court.

Impact on DBS Checks

A police caution can appear on both standard and enhanced DBS checks. These checks are essential for employers who want to assess your criminal record. They help determine if you are suitable for specific roles, especially those involving children or vulnerable adults. The different types of DBS checks include:

• Basic DBS Check: Displays any unspent convictions or conditional cautions.

• Standard DBS Check: Shows both spent and unspent convictions, cautions, reprimands, or warnings.

• Enhanced DBS Check: Includes all information from a standard check, plus any additional data the police deem relevant to your job application.

  
  

Having a police caution can significantly affect your job prospects. For instance, if you have a caution for shoplifting, securing a position in retail may be challenging. However, some employers may take a more lenient approach, considering factors such as the time elapsed since the offence, its severity, and your subsequent behaviour.

What is a Caution Before Interview?

A caution before interview is a legal requirement the police must provide before questioning you about a suspected offence. This caution is often referred to as the "right to silence." It is not a reprimand but rather a way to inform you of your legal rights. The typical wording of a caution before interview is as follows:

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.

This statement means you have the right to remain silent. However, if you choose to speak, your statements can be used against you in court. The caution aims to protect individuals from self-incrimination and ensures that police do not use coercive methods to extract confessions or false information.

Your Rights During Police Questioning

If you receive a caution before an interview, consider your responses carefully. You have the right to seek legal advice from a solicitor before or during the interview. You can also request the presence of someone else, such as an appropriate adult if you are under 18 or have a mental disorder.

It is crucial to understand that a caution before interview does not appear on your DBS check. It is merely a means of ensuring you comprehend your rights and the potential implications of your actions.

How Are They Different?

Understanding the distinctions between a police warning and a caution before interview is essential. Here are the key differences:

• Timing: A police warning is issued after you admit to an offence, while a caution before interview is given before questioning.

• DBS Impact: A police warning can affect your DBS check, whereas a caution before interview does not.

• Purpose: A police warning serves as a reprimand for a minor crime, while a caution before interview informs you of your legal rights.

  
  

Consequences of Failing to Mention Something in the Police Interview

One critical aspect of the caution before interview is the warning about the potential harm to your defence if you do not mention something when questioned. This could lead to an adverse inference in court. An adverse inference occurs when the court interprets your silence as an indication of guilt or dishonesty.

Example Scenario

Consider a situation where you are accused of stealing money from your employer's cash register. The police question you about the missing money, which only you had access to. If you choose not to answer, and later in court, you claim that someone else took the money while you were not looking, the court may view your late explanation as fabricated. Your silence during the police interview could be used against you, leading to a guilty verdict.

Therefore, it is vital to weigh the consequences of not mentioning something during a police interview. If you have a reasonable explanation or evidence, it is advisable to share this with the police as soon as possible or consult a solicitor before making any decisions.

Summary

In summary, understanding the differences between a police warning and a caution before interview is crucial. A police warning is issued after you admit to an offence and can appear on your DBS check. In contrast, a caution before interview is provided before questioning and does not affect your DBS check. If you fail to mention something during the police interview that you later rely on in court, the court may draw adverse inferences from your silence, potentially leading to a guilty verdict.

This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be an exact statement of English law but for guidance only, and you should always seek independent legal advice about your specific situation.

Robert can be contacted via *https://www.policestationagent.com/