Who is it issued by and how can I contact them?

FPN’s are issued by various enforcement agencies, including the police.

PND’s are issued by the police – contact the administering force. Police community support officers and accredited officers also have powers to issue PND’s.

Does it involve guilt?

No – there is a suspended enforcement period during which you can choose either to pay the penalty or to go to court.

Is it recorded on the Police National Computer (PNC)?

Yes (if it relates to a recordable offence). A facility is available on the PNC which allows an entry to be recorded which does not constitute a ‘criminal record’ but is accessible for police information.

Is it classed as a conviction?

No, but the information is still kept on the PNC. Acceptance and payment of a PND discharges all liability for that offence.

How long will it be on my record?

Although a PND does not result in a criminal record, the information can still be used in the civil context of an ASBO application.

When does it become spent?

N/A.

When do I have to declare it?

It is not covered by the Rehabilitation of Offenders Act and, so when asked, it must be disclosed. It is rare for employers and others to ask about PND’s.

Is it disclosed on DBS checks?

Not on a standard check. It does not fall under the definition of a ‘relevant matter’ so would not be automatically released on a DBS certificate

It might be as part of an enhanced check (under ‘other relevant information‘) if deemed ‘relevant’ i.e. if the offence has a bearing on the kind of work you are applying for.

What guidance is there on fair process?

• PNDs can only be issued to people of 16 and over
• Ministry of Justice guidance on PND’s
• GOV.UK information on police cautions, warnings and penalty notices for minor crimes.

Do I have the right to appeal and what is the process?

If you receive a PND your only right of appeal is in court. If the appeal is rejected you might end up with a higher fine and a criminal record – seeking legal advice is recommended before you decide to appeal.

What are the implications for life in the community?

As it is not a conviction and doesn’t result in a criminal record it should not affect your banking, housing, insurance etc. It may impact on future employment which involves an enhanced level check.

This is part of our information section on understanding your criminal record. Details of other sentences/disposals can be found here.

Who is it issued by and how can I contact them?

A prison sentence is decided by the courts. You can contact the relevant court.

Does it involve guilt?

Yes – the sentence is decided after a guilty verdict.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

Yes.

How long will it be on my record?

It will remain on the PNC until you reach 100 years of age.

When does it become spent? (over 18)

Excluded offences are set out in Schedule 18 of the Sentencing Act 2020.

When do I have to declare it?

Before it is spent you have to declare it, when asked, by employers and financial institutions. A prison sentence falls under the protection of the Rehabilitation of Offenders Act so after it is spent you don’t have to disclose unless it is for an occupation which is an exception to the Act, like working with children.

Is it disclosed on DBS checks?

A basic disclosure will show only unspent convictions. A standard or enhanced disclosure will disclose a custodial sentence even after it is spent.

What guidance is there on fair process?

• There is CPS guidance on sentencing here

Do I have the right to appeal and what is the process?

• First speak to your solicitor or barrister who will tell you what your chances are and help you make the appeal.
• Ask to see the legal services officer who can help you submit the forms to the relevant court.
• Information and guidance on the Court of Appeal can be found here
• GOV.UK information on appealing a court decision can be found here.

What are the implications for life in the community?

Before the conviction is spent it can affect your dealing with mortgages, insurance, banking and employment. The stigma of having been in prison can also be difficult to deal with.

This is part of our information section on understanding your criminal record. Details of other sentences/disposals can be found here.

Who is it issued by and how can I contact them?

A referral order can be issued by the youth (magistrates’) court, the adult magistrates’ court or the Crown Court. You can contact the relevant court directly but it might be better to talk to your Youth Offending Team.

Does it involve guilt?

Yes – it can only be issued when you plead guilty.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

Yes.

How long will it be on my record?

It will remain on the PNC indefinitely and will be referred to in any future criminal proceedings – it is rare for a young person to receive a second referral order so any further charges could result in a more serious sentence.

When does it become spent?

As soon as the order has been discharged i.e. at the end of the referral order period as long as the conditions have been met.

When do I have to declare it?

Referral orders fall under the protection of the Rehabilitation of Offenders Act so after it is spent you don’t have to disclose unless it is for an occupation which is an exception to the Act, like working with children.

Is it disclosed on DBS checks?

Yes, it is disclosed on both standard and enhanced checks unless it is eligible for filtering. Once spent, it is not disclosed on a basic check.

What guidance is there on fair process?

• There is CPS guidance on referral orders
• Guidance for the courts, Youth Offending Teams and Youth Offender Panels from the Ministry of Justice
• National Standards for Youth Justice Services includes guidance on all youth justice measures.

Do I have the right to appeal and what is the process?

GOV.UK information on appealing a court decision can be found here.

What are the implications for life in the community?

A referral order means you are required to attend a youth offender panel. The panel, you, your parents/carers and the victim (where appropriate) agree a contract aimed at repairing the harm that has been caused and addressing the causes of the offending behaviours. A referral order lasts 3-12 months and for this time you would need to comply with the terms of the contract, such as regular meetings with your YOT manager, so that the conviction will become spent at the end of the set period.

Who is it issued by and how can I contact them?

The YRO is the young person’s equivalent of a community sentence, issued by the courts. You can contact the relevant court directly but it might be better to talk to your Youth Offending Team.

Does it involve guilt?

Yes – the sentence is decided after a guilty verdict.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

Yes.

How long will it be on my record?

It will remain on the PNC indefinitely and will be referred to in any future criminal proceedings. There are no restrictions on the number of times you can be sentenced to a YRO. In some cases custody is an option for breach of YRO, if the original offence is imprisonable or there is ‘wilful non-compliance’ during the order (see Ministry of Justice information).

When does it become spent?

At the end of the order.

When do I have to declare it?

YROs fall under the protection of the Rehabilitation of Offenders Act so after it is spent you don’t have to disclose unless it is for an occupation which is an exception to the Act, like working with children.

Is it disclosed on DBS checks?

Yes, it is disclosed on both standard and enhanced checks, unless it is eligible for filtering. Once spent, it will not be disclosed on a basic check.

Do I have the right to appeal and what is the process?

GOV.UK information on appealing a court decision can be found here.

What are the implications for life in the community?

The sentence can last up to three years. You might have to be at home by a certain time each day (a ‘curfew’), stay away from specific places (‘exclusion’), be tested for drugs regularly or get treatment for a drug addiction.

Further information

• Ministry of Justice
• GOV.UK

This is part of our information section on understanding your criminal record. Details of other sentences/disposals can be found here.

Who is it issued by and how can I contact them?

Issued by the police – contact the administering force.

Does it involve guilt?

Yes – you have to make a clear and reliable admission and sign a form accepting the circumstances of the caution.

Is it recorded on the Police National Computer (PNC)?

Yes (especially if it relates to a recordable offence).

Is it classed as a conviction?

No.

How long will it be on my record?

Information is retained on the Police National Computer. Cautions can be used in future criminal proceedings as evidence of character.

When does it become spent?

Simple cautions become spent immediately at the point of issue.

When do I have to declare it?

Simple cautions are covered by the Rehabilitation of Offenders Act so you don’t have to disclose unless it is for an occupation which is an exception to the Act, like working with children.

Is it disclosed on DBS checks?

Yes, it is disclosed by both the standard and enhanced checks, unless it is eligible for filtering. It will not be disclosed on a basic check.

What guidance is there on fair process?

• CPS guidance on cautioning and diversion
• GOV.UK information on police cautions, warnings and penalty notices for minor crimes
• Ministry of Justice guidance on simple cautions for adult offenders.

Accepting a caution – what it means

According to Ministry of Justice guidelines, cautions are intended to deliver swift and effective justice, reducing the burden on the police and courts, while delivering a suitable deterrent effect.

A simple caution is a formal notice, issued by a police officer, once someone has admitted an offence. A conditional caution is similar but the person must also agree to stick to certain conditions which may include paying compensation to the victim or issuing an apology for the offence.

While a police caution is not technically classed as a criminal conviction, the details are retained by the police for future reference and can be taken into account by a magistrate or a judge if the person is convicted of a further offence in the future. Cautions may be disclosed to current or prospective employers and must be declared if the person is involved in certain roles such as working with children or vulnerable adults (unless it is filtered).

Accepting a caution can affect someone’s ability to travel and work outside the European Union, with some countries reserving the right to refuse entry visas.

Anyone who has accepted a caution for an offence involving violence could also find it difficult to apply for a shotgun licence.

Do I have the right to appeal and what is the process?

There is no formal process for rescinding a simple caution once it has been administered. If you wish to complain about the decision or how the case was handled you need to make a complaint to the Chief Constable or Commissioner of the administering force.

Each police force should be willing to receive requests for cautions to be ‘expunged’ as part of their ownership as Data Controllers of the PNC. However, this is only done in exceptional circumstances, particularly where a significant amount of time has passed since receiving the caution. This will be even more difficult if you received legal advice at the time of receiving the caution. It’s also worth bearing in mind that, if you did decide to try and have caution expunged/withdrawn then, then there is a risk that your earlier admission of guilt could be used as evidence if they decided to proceed with charge in lieu.

What are the implications for life in the community?

It is not a criminal conviction but it does form part of a criminal record so you will sometimes have to disclose when asked by employers; it will not affect your chances of getting a mortgage; you need not disclose to insurers.

Who is it issued by and how can I contact them?

A suspended prison sentence is decided by the courts – contact the relevant court.

Does it involve guilt?

Yes – the sentence is decided after a guilty verdict.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

Yes.

How long will it be on my record?

It will remain on the PNC indefinitely and will be used in any future criminal proceedings. If you breach any of the conditions or commit another crime you will usually go to prison to serve the sentence.

When does it become spent? (over 18)

The rehabilitation period is based on the length of the prison sentence, not the length it was suspended for.

When do I have to declare it?

Before it is spent you have to declare it, when asked, by employers and financial institutions. A prison sentence falls under the protection of the Rehabilitation of Offenders Act so after it is spent you don’t have to disclose unless it is for an occupation which is an exception to the Act, like working with children.

Is it disclosed on DBS checks?

The basic disclosure will show only unspent convictions. Standard and enhanced disclosure will disclose a custodial sentence even after it is spent.

What guidance is there on fair process?

There is CPS guidance on sentencing here

What are the implications for life in the community?

A suspended sentence is often coupled with certain requirements such as staying away from certain people or places and doing unpaid ‘community payback’ work, as with the community sentence. During the supervision period these conditions must be met and during the operational period (the period of suspension) any commission of an offence will result in serving the sentence in prison.