Is a police caution a criminal record?

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Is a police caution a criminal record?

Is a police caution a criminal record? The short answer to this question is yes – a caution is a criminal record. However what actually constitutes a “criminal record” is not a precisely defined concept, and the better question to ask is, in what circumstances will my caution be disclosed? A caution will become an issue for someone depending on who is asking the question, and the rights they have to ask about previous criminal records. A caution is “spent” immediately (or after three months, or when the conditions run out, in respect of a conditional caution). So for the purposes of a basic disclosure certificate a police caution (sometimes known as a simple caution) will not be disclosed.

For other persons however who need to undertake a trusted/regulated role then the caution will have more significant implications. For more details please visit this page on our site: How long does a police caution stay on your record?

About the Author:

I am a qualified solicitor and I have extensive experience of applying for the removal of police cautions from the PNC, challenging DBS certificates and DBS barring decisions. I have had numerous successful cases, and for cases where judicial review proceedings have been issued, I am usually able to recoup my clients’ costs from the police. I have co-authored a journal paper on the reform of the police cautioning procedure in the Criminal Law Review (the leading criminal law journal : “Suggestions for Reform to the Simple Cautioning procedure”). I also write the UK Westlaw Insight on Police Cautions and published an article in the Criminal Law and Justice Weekly on anonymity in criminal proceedings and its impact on the police caution: Adult Defendant Anonymity in Criminal Proceedings