Rights and LimitsAfter an arrestAccepting a caution: what it actually means
Accepting a caution: what it actually means
What you must do, and what you can refuse
Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.
You can refuse
No penalty for saying no.
Decline a caution and ask for the allegation to be dealt with in another way if you do not admit the offence.
A caution legally requires an admission — you should not be pressured into one for something you dispute.
Rehabilitation of Offenders Act 1974, s.8A(2)(b)
“any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, that person has admitted”
Read it at legislation.gov.ukquote checked 2026-08-25
Lawful to refuse — but it costs you
Not an offence, but it carries a penalty or an inference.
A caution can only be given for an offence which, at the time it is given, you have admitted — accepting one is admitting to that offence, not a neutral way of closing the matter.
Rehabilitation of Offenders Act 1974, s.8A(2)(b)
“any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, that person has admitted”
Read it at legislation.gov.ukquote checked 2026-08-25
A caution given for an offence within the closed list at Police Act 1997 s.113A(6D) is a “relevant matter” that must be included on a standard criminal record certificate.
Police Act 1997, s.113A(3)(a), (6) and (6D)
“gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records— a caution given in respect of an offence within subsection (6D) where the person was aged 18 or over on the date it was given— The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in England and Wales, are as follows”
Read it at legislation.gov.ukquote checked 2026-08-25
Enhanced certificates use the same definition of “relevant matter” as standard certificates, so a caution on that list appears on an enhanced DBS certificate too.
Police Act 1997, s.113B(9), definition cross-reference
““ central records ”, “ exempted question ”, and “ relevant matter ” have the same meaning as in section 113A”
Read it at legislation.gov.ukquote checked 2026-08-25
A caution that has not yet met the separate DBS-disclosure definition of “spent” can still appear on a certificate, even though it is spent for other legal purposes from the moment it was given.
Police Act 1997, s.113A(6), definition of "relevant matter"
“a caution which is not spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974”
Read it at legislation.gov.ukquote checked 2026-08-25
A caution is not a way of avoiding trouble
People sometimes accept a caution in custody believing it makes the matter “go away” quietly, without the hassle of court. That is not what a caution is. By definition in law, a caution can only be given for an offence which, at the time it is given, you have admitted. Accepting one is a formal admission of guilt to that offence, recorded as such.
You cannot be cautioned for something you deny. If you dispute the allegation, a caution is not the neutral shortcut it can be made to sound like at the custody desk — it is a criminal disposal that requires you to accept you did it.
It goes on your record, and can outlive being “spent”
A simple (non-conditional) caution becomes “spent” under the Rehabilitation of Offenders Act 1974 the moment it is given — immediately. That sounds like the end of it, but “spent” and “invisible to everyone” are not the same thing.
Standard and enhanced DBS certificates — the ones employers request for work with children, vulnerable adults, and a wide range of regulated roles — are governed by a separate statute, the Police Act 1997, which defines what counts as a disclosable “relevant matter” on its own terms. A caution for an offence on the list of serious offences attached to that Act will show on such a certificate regardless of your age when it was given. Other cautions can also still count as a relevant matter for as long as they remain “current” or have not yet met the Act’s own definition of spent for these purposes — which is not automatically the moment the ROA 1974 treats it as spent.
The practical result: a caution accepted for convenience in a custody suite can resurface on a DBS check years later, for jobs and roles you may not have had in mind at the time.
Last reviewed 2026-08-25. Next review due 2027-02-25. No solicitor has reviewed this page — see [email protected] if you think something here is wrong.