Can i appeal a caution

At the time you accepted the caution, you may have been misled by the Police about the implications of it. It is possible that in certain circumstances, Police cautions can be removed from your record. Find out more information about how to get a police caution removed , or contact specialist caution removal solicitor Mark Hopwell to discuss your case.

A simple caution is a record of criminal allegation where an individual accepts the evidence and admits the allegation. Conditional cautions attach conditions, such as the payment of a fine, or an apology letter; if the conditions are not met then the caution can be voided with a prosecution commenced.

There are also youth cautions and youth conditional cautions, which are similar to adult cautions but have slightly different procedural requirements. A police caution is not technically a criminal conviction, but it does have a number of the hallmarks of a conviction.

Most significant of these is that it will be retained on the PNC indefinitely, and so will be a permanent criminal record. Certain disclosure rules apply to when a caution can be disclosed, but the caution will always remain on the PNC unless it is deleted. In addition, the police retain a discretion to disclose any caution on an enhanced DBS check even if it has been filtered , where they deem it to be relevant to the specific DBS check.

There is a common misconception that a police caution gets removed after five years due to previous rules related to retention of cautions. The retention and disclosure rules have changed many times over the years.

Download our bustcard. You do not have to accept a caution! Previous 5. What Happens in an Interview? Next 7. Getting Released. No Duty Solicitor Use a recommended solicitor with protest experience. Emergency Crime Line. Family of mother paralysed by Metropolitan police compensated Charities call to make failure to report abuse criminal offence Serial Killer Dennehy loses High Court appeal Indian Garden owner sentenced over fatal peanut allergy Estate agent subjected to harassment takes agency to tribunal.

Potential routes to remove cautions The use and manner in which the case was administered, for example if correct procedures were not carried out. This route will involve the need of prior knowledge of the correct procedures, so will require specialist legal advice. Judicial review outline in reference to caution When a simple caution has been accepted by the offender and administrated by police, there is no formal right of appeal. Judicial review procedure Judicial Reviews may be made against any public body, or if the body making the decision is exercising a public law function.

Challenges A Judicial Review application of a caution can be challenged on the basis of illegality. Accepting a caution can affect your ability to travel and work outside the European Union with some countries reserving the right to refuse entry visas. The evidence required by the police to issue a caution is the same as would be required to take a case to court.

If you refuse to accept a caution, the police could decide to refer your case to the Crown Prosecution Service who may decide to charge you and take you to court. Cautions are often seen as a quick way for the police to deal with people who have not been in trouble before to avoid having to take them to court.