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How out-of-court disposals work

When someone commits a minor crime, the police or CPS can decide to give them an out-of-court disposal instead of taking the case to court. The disposal can be a 'caution' or a 'penalty notice'.

Cautions and penalty notices are official warnings that your behaviour was not acceptable.

If you accept a caution you will be asked to sign a form that explains what a caution means and you will be given a copy of that form.

If you are given a penalty notice you will be asked to sign the penalty notice ticket to show that you have received it. You will then be given a copy of the ticket, which will explain what getting a penalty notice means. The ticket will also tell you how to pay the penalty and your rights to ask for a trial if you don’t pay.

When the police use cautions

Cautions are meant to be used for less serious crimes, for example low level criminal damage.

Cautions are given to adults 18 and over for less serious crimes. Young people, aged 10-17, can get cautions but they are called reprimands and warnings.

You have to agree that the police can caution you.

• What can happen if a young person is not charged with a crime

When the police use penalty notices

Penalty notices are used for smaller offences that would usually get a fine in court. For example:

• theft from a shop
• cannabis possession
• being drunk and disorderly in public

You cannot choose whether or not to accept a penalty notice. If is for the police to decide if you should be given one. If you pay the penalty then you cannot get a criminal conviction for the offence listed on your penalty notice ticket. A penalty notice isn’t part of your criminal record, but it may be disclosed on a Criminal Records Bureau enhanced disclosure if it’s considered relevant.

• Criminal Records Bureau - enhanced disclosure

Committing further crimes after a caution

If you commit another crime after getting a caution, you’re likely to go to court. You may avoid court if:

• the second offence is also a minor one and not related to the first
• two years have passed since your first caution

Cautions and criminal records

A caution is not a criminal conviction, but it does go on your criminal record.

The police will record your caution on their databases. This means that your caution may in some circumstances be told to an employer or used in court as evidence of bad character. The police will also keep a record of photographs, fingerprints and any evidence taken in your case.

If you are cautioned for a sexual offence, you could be placed on the sex offenders register.

The police may give your name and address to any victims of your crime if they ask for it. This means you might be sued for damages by a victim.

Types of cautions the police can give

There are different kinds of cautions that the police use, depending on the crime committed.

Simple cautions for less serious crimes

A simple caution is a warning for a minor crime. Police can give a simple caution if:

• there is enough evidence that you are guilty
• you are 18 years or older
• you admit that you committed the crime
• you agree to be given a caution

If you don’t admit to the crime or accept the caution, the police might charge you instead and the case could go to court.

Conditional cautions for minor crimes

These are a caution with certain conditions attached. You have to agree to accept the caution and the conditions.

These will only be given for certain offences, such as spraying graffiti. Conditional cautions are available for adults aged 18 or over and in some areas someone aged 16-17 may be offered a youth conditional caution.

Examples of conditions might be:

• rehabilitation – you must start a treatment programme, eg for drug misuse, gambling, alcohol or personal problems
• reparation, eg you may have to apologise to the victim or physically repair damaged goods

The police and CPS decide when they use a conditional caution. Sometimes they may take into account the views of the victims when deciding what conditions to offer.

If you don’t admit to the crime or accept the caution, the police might charge you and your case could go to court.

If you don’t follow the conditions of your caution, you may be charged and your case will go to court.

• Crown Court - what it does

• Magistrates' courts - what they do

• Young people and custody