Table of Contents
What must the police officer tell you if you get arrested?
Your rights when being questioned The police must explain this to you by reading you the police caution: “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
What is the first thing you should do if you are arrested?
The single most important thing to remember if you are arrested is that you have the right to remain silent and the right to an attorney, but these rights protect you only if you use them!
Is a police caution a charge?
A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime. Cautions can show on standard and enhanced Disclosure and Barring Service (DBS) checks.
Should you accept a police caution?
You do not have to accept a caution! A caution is a possible outcome of an arrest, which you may be offered instead of being charged. The police make cautions sound less serious, but they are an admission of guilt, and will still go on your record.
How long does a police caution stay on record?
six years
Caution. If you admit an offence, the police can give you a caution. A caution is not a conviction. A caution is a warning which stays on your record for six years if you’re an adult, or two years if you’re under 18.
What happens after a police caution?
The evidence required by the police to issue a caution is the same as would be required to take a case to court. So, 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.
Is a police caution serious?
A police caution (since 2005 more properly known as a simple caution) is a formal warning given by the police to anyone aged 10 years or over who has admitted that they are guilty of a minor crime. A person may refuse to admit guilt and not accept a caution, but can then be subject to criminal prosecution.