Library › At the police station

Cautions and other out-of-court resolutions

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

An adult who admits an offence may be dealt with without prosecution by a community resolution, penalty notice, simple caution or conditional caution (Criminal Justice Act 2003 ss.22-27). A simple caution is spent immediately and a conditional caution after 3 months, but adult cautions can still appear on standard and enhanced DBS checks.

The options for adults

Requirements

Effect on the record

Challenging a caution

There is no appeal. A caution can be challenged by complaint or by judicial review. In R (Stratton) v Chief Constable of Thames Valley Police [2013] EWHC 1561 (Admin) a caution was quashed because informed consent had not been given.

Changes not yet in force

The Police, Crime, Sentencing and Courts Act 2022 Part 6 would replace adult simple and conditional cautions and penalty notices for disorder with a diversionary caution (breach may lead to prosecution) and a community caution (breach may lead to a financial penalty). As at November 2026 it is not in force, apart from the power to make a code of practice (s.116).

In practice

A caution can affect jobs needing enhanced checks. Early advice matters before agreeing to one.

Call 0843 636 7687Ask a solicitor to call me

Authorities: Criminal Justice Act 2003 ss.22-27; Criminal Justice and Police Act 2001 ss.1-11; Criminal Justice and Courts Act 2015 s.17; Rehabilitation of Offenders Act 1974 Sch.2 paras 1 and 3; Police, Crime, Sentencing and Courts Act 2022 Part 6 (ss.98-121, not in force except s.116); R (Stratton) v Chief Constable of Thames Valley Police [2013] EWHC 1561 (Admin); Ministry of Justice, Simple cautions for adult offenders guidance (2015); Code of Practice for Adult Conditional Cautions (2013); CPS, Out of Court Resolutions guidance (July 2025); College of Policing APP, Possible justice outcomes; DBS filtering guide

All library guides · Ask Theodorous a question