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Cautions and other out-of-court resolutions
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
- Community resolution: non-statutory; the person accepts responsibility, usually with the victim's agreement. It is not a conviction or caution, but police may disclose it on an enhanced DBS check if they consider it relevant.
- Penalty notice for disorder (Criminal Justice and Police Act 2001 ss.1-11): for specified low-level offences, aged 18 or over. The person has 21 days to pay or ask to be tried; once paid, no proceedings may be brought (s.5).
- Simple caution: a formal warning under Ministry of Justice guidance. Under the Criminal Justice and Courts Act 2015 s.17, an indictable-only offence needs exceptional circumstances and the consent of the Director of Public Prosecutions; specified either-way offences (such as weapon and Class A supply offences) need exceptional circumstances; so does a similar offence within 2 years of a previous conviction or caution.
- Conditional caution (Criminal Justice Act 2003 ss.22-27): a caution with conditions such as compensation, a course, unpaid work or a financial penalty. Breach may lead to prosecution for the original offence.
Requirements
- A clear and reliable admission, and agreement to accept.
- Enough evidence for a realistic prospect of conviction.
- For a conditional caution, the five requirements in s.23, ending with a signed document setting out the offence, the admission, consent and the conditions.
- The right to free legal advice under PACE applies. The person and their solicitor may see the evidence first, and need not decide on the spot.
Effect on the record
- A caution is not a conviction, but it is an admission of guilt and may be referred to in later proceedings.
- Spent: a simple caution immediately; a conditional caution after 3 months or, if earlier, when it ceases to have effect (Rehabilitation of Offenders Act 1974 Sch.2 para.1). Spent cautions do not appear on a basic check.
- Standard and enhanced DBS checks show an adult caution for 6 years, or always for a specified offence. See When does a conviction become spent?; children are covered in Children and young people in the criminal justice system.
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.
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