Cautions as an alternative to a formal prosecution

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“a Caution is an alternative to prosecution in court where a formal prosecution is not required in the public interest. ”

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Simple Cautions
Conditional Cautions
Community Resolution
Youth Cautions and Conditional Cautions

Simple Cautions

An adult simple caution (usually referred to simply as a Caution) is an alternative to prosecution in court where a formal prosecution is not required in the public interest.

It can only be offered if the adult suspect (i.e. 18 or over) admits guilt, so if the accused does not accept committing the offence then an out-of-court disposal will not be offered. Similarly, except in the case of youth cautions, an out-of-court disposal cannot be forced on a suspect, so it can only be used where the suspect agrees to accept it.

This type of caution should not be confused with a police caution given upon arrest, charge or interview, i.e. “You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later relay on in court. Anything you do say may be given in evidence.” You can read more about police cautions upon arrest, charge and interview (together with their purpose and consequences) in the Defence Case sections of magistrates’ court trial and Crown Court trial.

Who can make the decision to offer a simple caution?

Both the police and the CPS can make the decision to issue an adult simple caution (so called to distinguish it from a ‘conditional caution’), but there are some limits on those offences for which cautions can be given because they are intended for dealing with low-level offending (and usually for first-time offenders).

Where the offer of a caution is refused, it is likely that a formal prosecution will be commenced.

When can a simple caution be given?

As a rule of thumb, the more serious the offence, the less likely it is that a simple caution will be offered as an alternative to prosecution. Also, if the offender has a previous conviction or caution for a similar offence, this will reduce the chances of a caution being offered and in some cases may prevent it altogether.

Domestic violence and abuse cases, and cases of harassment and stalking will rarely be suitable for a simple caution. Similarly, a simple caution for certain offences (such as possession of a bladed article or an offensive weapon, or supplying Class A drugs) can only be given in exceptional circumstances

Further Information on Adult Simple Cautions

Click here for further information on simple cautions (including administering and the implications of a simple caution) from the gov.uk website. Additional information on simple cautions is available from the Sentencing Council website.