Should I Accept a Caution? - What You Need to Know
Should I accept a caution? If you have been accused of a sexual or domestic related offence you may be wondering if a police caution is a possible outcome, and if so, should you accept it. This blog explains the different types of caution and what it potentially means should you accept one.
What is a Caution?
Police cautions can often be an attractive option initially for the accused because it prevents a case from going to court, however the impacts of a caution could be detrimental to your future career, travel and relationship opportunities.
A caution is a formal punishment for the commission of usually a minor criminal offence; however, it does not involve the accused going to court and is dealt with by the police. To be eligible for a caution the accused has to accept that they have committed the offence.
Different Types of Caution
Simple Caution
A simple caution applies to adults 18+ who accept the offence. Accepting a simple caution does not result in a criminal conviction, but it does go on your criminal record. A simple caution can show up on both a standard and enhanced DBS check so employment opportunities may be affected. It can also be used against you if you were to be charged of a criminal offence in the future and taken to court, the prosecution could rely on it as bad character evidence to help convict you of further offences.
Conditional Caution
A conditional caution is also for adults who again, accept committing the alleged offence. It differs from a simple caution due to it having conditions attached to it.
Youth Caution
A youth caution is a caution which is given by police to a person aged between 10-17 years old who accepts committing a criminal offence. Youth cautions can be conditional which would mean they come attached with a specific task for the youth to complete this can include, paying a fine or attending a rehabilitation programme. 1 In determining whether to offer a Youth Conditional Caution in any case authorised persons and relevant Prosecutors must follow the Code of Practice for Youth Conditional Cautions 2013 and comply with this Guidance.
This Guidance assists Authorised Persons and Relevant Prosecutors (the decision makers) to apply the Code of Practice on Youth Conditional Cautions in deciding how an offender should be dealt with when it is determined that:
• there is sufficient evidence to charge a youth offender with an offence; and
• the public interest in the case may be met by a Youth Conditional Caution with suitable conditions providing reparation to the victim or community; which may modify offending behaviour; provide an appropriate penalty; and
• in all the circumstances of the case, and following consultation with the Youth Offending Team, a Youth Conditional Caution appears appropriate.
Cautions for youths are applicable to summary, either-way and indictable offences. However, cautions for indictable only offences are rare due to the seriousness of the offending and the public interest being particularly important in seeing that justice is seen to be done in cases of a serious nature.
Caution for a Sexual Offences
Often sexual offences are too serious for cautions to be offered, but there are a small proportion of offences whereby there is scope for the accused to walk away cautioned by the police and without conviction. This can be beneficial when it comes to worrying issues like the requirement to become subject to the notification requirements of the Sex Offenders Register, and therefore seeking legal advice for any sexual offences is crucially important to safeguard your interests and possibly, your reputation.
Sexual Offences Where a Caution is Possible
It is rare for a caution to be offered in cases where a sexual offence is alleged, this is because they are deemed too serious. However, that does not mean it is impossible. Receiving a caution in a sexual offences can sometimes lead to the accused avoiding the Sex Offenders Registers as age and outcome of the offending can make a difference, for example; in the offence of exposure contrary to section 66 of the Sexual Offences Act 2003, a person under 18 must have been sent to prison for a term of at least 12 months for the provisions of the Sex Offenders Register to apply.
Section 17(3) of the Criminal Justice and Courts Act 2015 however restricts the use of cautions for certain offences which if committed by an adult are triable either on in indictment (in the Crown Court) or summarily (in the Magistrates Court). The accused would not be considered suitable for a caution in these cases unless a police officer of at least the rank of Inspector determines that there are exceptional circumstances relating to the accused or the offence. Sexual offences included within this include; sexual offences against children, sex trafficking offences, and indecent images of children.
Consequences of Accepting a Caution in Sexual Offence Cases
Most cautions for sexual offences do require for the suspect to become subject to the notification requirements however, the period of notification is capped at 2 years whereas if your case was to proceed to court, you can expect a minimum five year period of adhering to the notification requirements.
There is also the issues surrounding criminal record checks by the Data Barring Service where required. A Caution will show on all levels of DBS checks and from that they will see the offence accepted by you, and that you are subject to the Sex Offenders Register. Click here
to see our blog on how the Sex Offenders Register works.
The police can also apply for Sexual Risk Orders
against an individual who has been accused of a sexual offence, these orders are civil orders which do not require a conviction or a caution. Where the police feel that you may pose a risk to the public, or a particular group of the public they can apply for an SRO. This therefore, could mimic the terms of a Sexual Harm Prevention Order and therefore accepting a caution doesn't necessarily mean you would escape prohibitions or conditions which the court would impose upon a conviction.
Caution Vs Conviction
| Caution | Conviction |
|---|---|
| Not a criminal conviction | A formal finding by a court that a person is guilty of a criminal offence |
| Guilt must be admitted | Results from a guilty plea or guilty verdict at trial |
| Does form a criminal record and may be disclosable to employers | Gives a person a criminal record |
| Does not result in a prison sentence | Could result in prison sentence depending on offence seriousness |
| May still show up on DBS checks | Will show up on DBS with longer lasting implications |
| May be filtered from DBS check after a certain period of time depending on age at time of offence and seriousness | Remains on record for a longer period |
| May be considered in any future court proceedings but carries less weight than a conviction | Can significantly influence sentencing if convicted again |
| Could become subject to Sex Offenders Register for a period of two years | Would become subject to Sex Offenders Register but factors such as sentencing length and other court ancillary orders can influence this. |
Should You Accept a Caution? - How We Can Help
Discussing the potential resolutions for your case with specialist lawyers is crucial to ensure you do not accept any offending which firstly you would have a good chance of defending, and secondly where the implications may be the same or similar to those you would face following a conviction after trial.
Our team specialise in sexual and domestic abuse, both of adults and children. We understand the needs of our clients and their desire to have matters resolved as quickly as possible due to the stress, anxiety and stigma attached to such allegations. However, we often tell our client's that getting it right and managing their case properly must be priority, no matter how long this takes. This is due to the potential consequences which could affect the rest of their lives and the lives of their friends and family.
When you speak with us we will explain all potential avenues for your case, and provide specific advice on our approach tailored to your circumstances. This will then allow you to make informed choices about your future.
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