Police Cautions- Can they be challenged?

A “simple caution” happens when a person admits their guilt to a minor offence and the Police take no further action after giving the caution.  A criminal law team would advise you initially about accepting a caution. If you have not yet accepted a Police Caution it would be advisable for you to receive advice before you do.

A civil law team would have conduct of a case where a Judicial Review was brought to challenge a caution that has already been accepted.

Although a Police caution will be immediately ‘spent’ under the Rehabilitation of Offenders Act, a record of it is maintained on the Police National Computer (PNC) and will be disclosed on certificates issued by the Disclosure and Barring Service, the body that conducts criminal record checks.

Police cautions are governed by guidelines that state that it is not possible to get a Police caution removed simply because the cautioned person has changed their mind. This is because in addition to an admission of guilt by the person,  there must also be sufficient evidence to provide a realistic prospect of conviction if the case were to go to Court.

To challenge a caution you would need to show that it was incorrect for some reason. It can’t be appealed as such. However,  you can make a complaint against the Police force which administered it.

Another option is to make an application for a  Judicial Review.

Public funding would not be available to seek a Judicial Review. A case would need to be funded privately.

Even if a caution is removed, it may still appear on a DBS check.

Free advice and assistance is always available if you are to be interviewed by the police at home or at a police station or at a police custody facility.

For more information or free initial advice about any criminal matter please contact us on 01606 592159.