This is one of the most common questions that our team of leading criminal lawyers are asked, particularly by anxious parents.
The Guardian (13 May 2013) leads with an article stating that the Metropolitan Police have administered cautions for 25% of all recorded crimes last year, including allegations of rape, indecent assault, GBH, violent attacks, robbery, and drug trafficking. All this, despite the fact that Damien Green, our current Minister for the Police, has promised a review of police cautioning after the Magistrates' Association published a damming report on the abuse of police cautions last year.
Very often these cautions are administered to young people or first offenders who do not realise that they will have to live with the consequences of accepting a caution. Less than 50% of arrestees seek legal advice and are unaware that the evidence of the allegation against them is untested or that they may have a defence e.g. self-defence to an allegation of assault or abandonment to one of theft. Not only that but the Police, struggling with budget cuts and targets, are keen to offer cautions as a way of clearing up crime rates and avoiding complex and costly legal proceedings where the evidence may not be as strong as initially thought.
Simple Cautions
These are solely at the discretion of the Police and possibly the CPS (though increasingly the police do not consult the CPS on these issues). They are supposed to be administered for minor offences, but see above.
To accept a caution the following must apply:
- You must be over 18 years of age;
- There must be evidence that you are guilty;
- You must have admitted the offence;
- You must agree to be given a caution.
Cautions are generally given to first time offenders but we have seen repeat offenders given a number of cautions.
Conditional Cautions
These are cautions with conditions attached, such as:
- An element of rehabilitation e.g. addressing drink/drug problems or anger management issues;
- Allowing you to make reparation to the victim;
- The application of a fine.
If you or your child is facing such a situation, it is imperative to speak to top criminal lawyers such as ourselves for immediate advice. We know exactly what questions to ask of the Police about the quality of the evidence, or perhaps about your physical/mental state, to ensure that the acceptance of a caution is the correct disposal for you.
It is vital to remember that although a caution is not a criminal conviction, you will have a criminal record which will follow you. It can affect your education, your job, your family and your career.
Cautions will become 'spent' in time but most employers and/or professional associations ask if you have ever had a caution. Forget about a career in finance if you have a caution for dishonesty, even one that is many years old and administered when you were a young person.
Contact any one of our expert criminal lawyers for advice.
