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The hidden consequences of accepting a caution

James was told his caution was 'not a criminal record' but has since learned that this isn't the case

My life has spiralled out of control and now I’ve crash landed. I’m sitting in the back of a police van after being arrested for common assault after ringing 999 myself. The situation at home escalated and ended in disaster, and I’ve hurt someone close. The handcuffs dig into my wrists as we drive over the speedbumps. “I deserve this” I think to myself. It’s the evening so I settle in for a night in the cells. I do my best to sleep through the echoing screams. 

When I’m interviewed the next morning, I explain the circumstances of my offence. I have PTSD from medical trauma from major surgery and being the target of hate crime due to my disability and LGBT identity. I was diagnosed as on the autism spectrum several years ago, but there is no NHS support in place. I am allowed to accept a simple caution due to being a first-time offender and being remorseful.  

The duty solicitor advised me to accept a caution, they reassured me that “it isn’t a criminal record” tantamount to a conviction. Of course, when I return home and do my own research (including on Unlock), I discover that accepting a caution – especially for a violent offence – can have long-term implications which I was not informed of. 

Though my simple caution is spent, it will show up on standard and enhanced DBS checks for relevant to jobs I’m interested in. I volunteer on a police independent advisory group (IAG) and have thought about a career in policing, but I respect due to professional standards this is probably now out of the question. Though at least I can draw on my experience in police custody in this advisory role, which does not bar volunteers with criminal histories. I’ve always dreamed of travelling especially to the United States, but now I’ll face the hurdle of attaining a visa. 

I felt a bleak sense of inevitability to my stay in police custody, a depository for broken people failed by broken systems. I notice information posters for armed forces veterans, who’ve no doubt ended up there due to their untreated PTSD. While in my cell I’m brought an “easy read” PACE booklet as they wrongly assumed I have a learning disability. 

When I return home, I’m contacted by a liaison and diversion service who cater to people with mental health problems and neurodiversity. They suggest I speak to NHS talking therapies – who frankly I’ve never found much use – and the local autism charity who have already been the main source of support since my late diagnosis. I can’t fault the support worker, but I can’t say this makes any difference. 

It troubles me to think that, in these moments of despair, I could have been an innocent person or had beatable charges but pressured to accept a caution due to being misinformed or to avoid the stress of prosecution. And what if a disability or mental health condition made me more vulnerable to being misled? 

Comment from Unlock 

Our helpline regularly receives calls from people who like James have accepted a caution after being told it wouldn’t affect them in the future, only to be disappointed when they are refused a job or college/university place due to their caution being disclosed on a criminal record check.  

The police and solicitors often take the view that a caution is merely a ‘slap on the wrist’ and for many people this will be the case with a caution having very little impact. Under the Rehabilitation of Offenders Act (ROA) they are ‘spent’ immediately and wouldn’t need to be disclosed when applying for the majority of jobs or getting insurance.  

However, cautions do appear on standard and enhanced DBS certificates for a minimum of six years and can be taken into consideration by employers recruiting into these roles. They will need to be disclosed on visa applications and may be disclosed in any future court appearance.  

If you are offered a caution, always seek legal advice and if you’re currently employed or thinking about working in a role that will require a standard or enhanced DBS check, tell your solicitor.   

Further information about accepting police cautions.

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