Written 7th March 2025 by Saskia Abbot
What is a caution?
A caution is an informal warning that adults can receive if they commit a relatively minor criminal offence and this offence is admitted in full.
There are two types of caution that can be given as an alternative to a possible charge that could result in a criminal conviction. These are simple cautions and conditional cautions, however they are not criminal convictions they could be used as evidence of bad character, if an offence was to commit by the person in future.
What is a simple caution?
A simple caution is used for less serious offences, where a person admits the offence in full and agrees to accept a caution. It should not be given where the decision maker has considered that it would be in the public interest to prosecute. Accepting a simple caution can be recorded on the Police National Computer (PNC) and will form part of a person’s criminal record but will not result in a criminal conviction.
What is a conditional caution?
A conditional caution is used for more serious offences and will have ‘conditions’ attached to it as requirement. Should a conditional caution be given and the conditions not complied with, then the conditional caution can be withdrawn which could then result in a full prosecution.
What requirements need to be met for a conditional caution to be given?
Section 23 of the Criminal Justice Act 2003 sets out five requirements that must all be met before a conditional caution may be given.
These are:
- the Police/Prosecution must have evidence that the individual has committed an offence;
- the Police/Prosecution must determine that there is sufficient evidence to charge the individual with the offence. The Police/Prosecution must also determine that a conditional caution should be given to the individual in respect of the offence;
- the individual must admit to the Police/Prosecution that they have committed the offence;
- the Police/Prosecution must explain the effect of the conditional caution and warn the individual that failure to comply with any of the conditions may result in prosecution for the offence; and
- the individual must sign a document containing: details of the offence, an admission that they committed the offence and consent to be given a conditional caution.
Why a caution?
Both types of cautions are intended as an out of court disposal, where an offence is admitted, and without the need for the matter to proceed through formal proceedings at court, ultimately resulting in a conviction. It may be more suitable for minor offences or when a person has had no previous interactions with the law.
Can a caution be given for all types of offences?
It should be considered that the more serious the offence the less appropriate for a caution to be given. An offender must not be given a simple a caution for an offence triable on indictment only or triable either-way, unless there are exceptional circumstances and the CPS agree that a caution should be given (Section 17(2) and 17(3) of the Criminal Justice and Courts Act 2015, limit the use of simple cautions in certain circumstances).
When considering the seriousness of the offence and whether a person is eligible for an out of court disposal, the gravity matrix should be used to provide guidance and assist in the decision making process as well as achieving consistency throughout.
Adult Gravity Matrix
The matrix is based on two possible out of court disposals, conditional cautions and community resolutions (a community resolution is a form of restorative justice).
What is the Gravity Matrix?
The gravity matrix is a national decision-making tool which is used to assist when deciding whether an adult is eligible for an out of court disposal.
The decision is based on the following –
- Type of offence committed;
- Aggravating and Mitigating factors;
- The harm the offender may present based on previous offending history; and
- The victims views (where appropriate).
- How is a decision for an out of court disposal reached
How is a decision for an out of court disposal reached using the Matrix?
- In brief, firstly, the type of offence is considered (not all offences are included in the matrix) but the general rule is that ‘summary only’ offences are scored low as 1 or 2, ‘either-way’ offences are scored medium as 2 or 3, and ‘indictable only’ offences are scored high as 4. These scores are adjustable based on the below factors. If the case is ‘indictable only’ it will require CPS advice.
- Consideration must be given to the specific type of offence, for example is it a domestic related matter, a hate crime, a knife crime, or is it a football or road traffic matter, some offences that are motor offence are automatically not eligible for an out of court disposal and must be charged.
- Consideration must then be given to the general aggravating and mitigating factors of the offence, such as, whether a conviction is likely to result in a small penalty, whether a person’s mental health would be affected as a result of a prosecution, whether the person is fully remorseful and they are willing to participate in restorative justice.
- The final score should be identified and then key factors should be considered for example, is there any previous offending history or has the person already received a caution and were they compliant if it was conditional? Generally, a second caution for a similar offence would not be appropriate unless there are exceptional circumstances. Consideration should be given to whether the public interest be met if given an out of court disposal and would it seek to reduce the risk of re-offending. Where possible, the victim’s views should also be sought, but this will not determine the final decision.
What Olliers can do to try and help secure a caution?
Having a criminal conviction can result in drastic consequences for some people. Where possible, Olliers can assist in trying to avoid this this worse case-scenario situation and avoid the daunting possibility of court where possible. At Olliers, we take a proactive approach when it comes to trying to secure the best possible outcome for our clients, and the best possible outcome to an alleged offence may well be in the form of an out of a caution or conditional caution, if an offence is admitted.
Pre-charge engagement refers to any voluntary engagement between parties to a criminal investigation after the first police interview under caution. Where the evidential test is met, our ultimate objective may be to make ‘pre-charge representations’ on the basis that it not in the public interest to proceed to court, taking into account all relevant factors and circumstances, and we may be able to argue that the public intertest could be met by way of an out of court disposal.
DBS Checks
In the event that our representations are successful, although not as punitive as a conviction, a caution could still show up on a standard or enhanced Disclosure and Barring Service (DBS) check. A simple caution would be spent immediately at the time it is given and a conditional caution would become spent three months after the date it was given and provided the conditions have been complied with, however could still affect a person’s employment prospects.
Olliers have a specialist Disclosure & Baring Service Department and can assist with any DBS matters.
Contact our specialist pre-charge engagement lawyers
If you would like to explore how Olliers can assist you, please contact our specialist team by telephone on 020 3883 6790 (London), 0161 834 1515 (Manchester), via email at info@olliers.com or complete the website form below and we will contact you for a confidential discussion.
Manchester
Head Office
- 0161 8341515
- info@olliers.com
- Fourth Floor, 44 Peter Street, Manchester, M2 5GP
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Saskia is known for her proactive approach during the ongoing investigation stage of a case. An interview under caution is an extremely important stage of the process but it is often after the police interview that the real work begins. Saskia will always look to bring an investigation to a conclusion without the need for a prosecution. She is known for her strategic approach liaising with investigators throughout and will utilise a combination of formal and informal representations to police and prosecutors ensuring that the chances of a prosecution are substantially reduced.
Saskia generally only undertakes work on a privately funded basis.