Navigating the legal landscape in the UK can be daunting, especially when facing terms like "Caution Plus 3" and "Police Caution." Both are integral parts of the criminal justice process, but they serve different purposes and have distinct legal implications. Whether you're being interviewed by the police or have already received a caution, it's crucial to understand these differences to protect your rights and make informed decisions.

In this article, we’ll break down the distinctions between a standard police caution and a Caution Plus 3, and explain what you need to know if you find yourself involved in either situation.

Table of Contents

  1. What Is a Police Caution?
    1. When Is a Police Caution Issued?
    2. Implications of a Police Caution
  2. What Is a Caution Plus 3?
    1. How Caution Plus 3 Works
    2. Key Features of a Caution Plus 3 Interview
  3. Key Differences Between Caution Plus 3 and a Police Caution
    1. 1. Purpose
    2. 2. Legal Standing
    3. 3. Arrest Status
    4. 4. Consequences
    5. 5. Admission of Guilt
  4. Common Misconceptions About Police Caution and Caution Plus 3
  5. When You Should Seek Legal Advice
  6. How Moeen & Co. Solicitors Can Help
  7. About the author
  8. Final Thoughts
  9. FAQs (Frequently Asked Questions)
    1. 1. What is a Police Caution in the UK?
    2. 2. What is Caution Plus 3?
    3. 3. What’s the difference between a Police Caution and a Caution Plus 3?
    4. 4. Can I refuse a Police Caution?
    5. 5. Do I need a solicitor for a Caution Plus 3 interview?
    6. 6. Will a Police Caution appear on a DBS check?
    7. 7. How long does a Police Caution stay on your record?
    8. 8. Can a Police Caution affect my employment?
    9. 9. What are the conditions for receiving a Police Caution?
    10. 10. Does a Caution Plus 3 mean I will be charged?
    11. 11. Can I be prosecuted after a Caution Plus 3 interview?
    12. 12. Is a Police Caution the same as being convicted?
    13. 13. How can I get a Police Caution removed from my record?
    14. 14. Can I receive more than one Police Caution?
    15. 15. Can a Police Caution be challenged or appealed?
    16. 16. What is the police caution wording in the UK?
    17. 17. What’s the difference between a simple caution and a conditional caution?
    18. 18. Will a caution prevent me from traveling abroad?
    19. 19. Can a solicitor help with a Caution Plus 3 interview?
    20. 20. What happens after a Caution Plus 3 interview?


What Is a Police Caution?

A police caution in the UK is a formal warning given by the police to someone who has admitted to committing a minor criminal offence. It’s a way of dealing with low-level crimes without resorting to prosecution, but it is not a conviction. The individual must accept the caution, and it will be recorded on their criminal record, which may show up in background checks.

When Is a Police Caution Issued?

· When the offence is minor, and the offender admits guilt.

· The police believe a caution is an appropriate alternative to court action.

· The individual has no prior cautions or convictions for more serious offences.

Implications of a Police Caution

Although caution is not a conviction, it will remain on your criminal record. It may be disclosed in certain circumstances, such as during background checks for specific jobs or travel visas to certain countries. Cautions typically remain on a DBS check for years for adults, although some professions may always see caution on enhanced checks.

Find out What Happens if You Don’t Attend A Voluntary Police Interview?


What Is a Caution Plus 3?

A Caution Plus 3 is a legal process that takes place when the police conduct a formal interview under caution with a suspect who has not been arrested. The “Plus 3” refers to the police sending the case file to the Crown Prosecution Service (CPS) for a decision on whether to prosecute.

How Caution Plus 3 Works

In a Caution Plus 3, the individual is interviewed under caution, meaning they have the right to remain silent, and anything they say can be used in evidence. After the interview, the police will investigate further and collect evidence. Once they have gathered sufficient information, the case is referred to the CPS, who will decide whether the person should be charged or if no further action will be taken.

Key Features of a Caution Plus 3 Interview

· The individual is not under arrest but is formally interviewed as a suspect.

· The standard police caution wording is provided, and the interview is recorded.

· The CPS makes the final decision on whether to charge or close the case.


Key Differences Between Caution Plus 3 and a Police Caution

1. Purpose

· Police Caution: Issued as an alternative to prosecution for minor offences where the individual admits guilt.

· Caution Plus 3: Part of an ongoing investigation where the police gather evidence and decide, in consultation with the CPS, whether to charge the individual.

· Police Caution: Results in a criminal record but no prosecution or court appearance.

· Caution Plus 3: The interview can lead to prosecution, depending on the outcome of the investigation.

3. Arrest Status

· Police Caution: Given to someone who has admitted guilt, often after they have been arrested or interviewed but released without charge.

· Caution Plus 3: The person is interviewed as a suspect but is not under arrest at the time of the interview.

4. Consequences

· Police Caution: Appears on a criminal record and may appear on background checks, but no further legal action is taken.

· Caution Plus 3: May lead to prosecution, legal charges, and potential court proceedings, depending on the CPS’s or ERO’s decision.

5. Admission of Guilt

· Police Caution: The individual admits guilt for a minor offence.

· Caution Plus 3: The individual is under suspicion, but no admission of guilt is required at this stage.


Common Misconceptions About Police Caution and Caution Plus 3

1. Misconception: A Caution Plus 3 means you will automatically be charged.
Reality: No, it just means the case will be reviewed by the CPS or ERO, who will decide whether to charge you or drop the case.

2. Misconception: A police caution is just a slap on the wrist with no consequences.
Reality: A caution stays on your criminal record and can affect employment, travel, and future legal matters.

3. Misconception: You don’t need legal advice for a Caution Plus 3 interview.
Reality: Absolutely not. Even though you are not under arrest, the interview can lead to serious legal consequences, and it’s crucial to have a solicitor present.

Find out - What to Do When Police Call You for an Interview


Whether you’re facing a Caution Plus 3 interview or have been offered a police caution, it’s vital to seek legal advice as soon as possible. Both situations can have serious long-term consequences that may impact your life, career, and future legal standing. A solicitor can help you navigate the complexities of these legal proceedings, protect your rights, and advise you on the best course of action.


How Moeen & Co. Solicitors Can Help

At Moeen & Co. Solicitors, we provide expert legal guidance for individuals facing police interviews, cautions, or potential charges. Our experienced criminal defense solicitors can:

· Advise you on your rights during a Caution Plus 3 interview or police caution.

· Assist you during the interview process to ensure your rights are protected.

· Make representation to the CPS or ERO to reduce the chances of charges being brought against you.

· Represent you in court if your case proceeds to prosecution.

We understand that being involved in a legal process can be stressful and intimidating, and we are here to provide you with the support and expertise you need to secure the best possible outcome.

Don’t wait until it's too late. Contact Moeen & Co. Solicitors today for a consultation and ensure you have expert legal representation by your side.

There are several ways to contact our solicitors based in Hayes, London:

We are located near Hayes and Harlington Station on Hayes High Street, in Hayes Town Centre. 

About the author

Moeen Khan is a highly skilled solicitor with a wealth of experience in immigration, criminal, and commercial lease matters. With a strong academic background and practical expertise, he has successfully handled complex cases across these areas of law. Mr. Khan's extensive knowledge allows him to provide strategic and tailored legal advice to both individual and business clients. His dedication to achieving favorable outcomes and delivering professional service has earned him a respected position within the legal community. Moeen Khan's commitment to excellence and his client-focused approach make him a trusted legal advisor.


Final Thoughts

Whether you are being interviewed under a Caution Plus 3 or have been offered a police caution, the decisions you make now can have lasting consequences. It’s essential to understand the difference between these two processes and take the necessary steps to protect your rights. Always consult with a solicitor to get the right legal advice and make sure your case is handled professionally.

Voluntary Police Interviews and Criminal Records: What You Need to Know

 

FAQs (Frequently Asked Questions)

1. What is a Police Caution in the UK?

A police caution in the UK is a formal warning issued by the police for minor offences. It serves as an alternative to prosecution and requires an admission of guilt. A caution is recorded on your criminal record, though it’s not a conviction.

2. What is Caution Plus 3?

Caution Plus 3 refers to an interview conducted under caution with a suspect who has not been arrested. After the interview, the case is referred to the Crown Prosecution Service (CPS) or Evidential Review Officer (ERO) for a decision on whether charges should be brought.

3. What’s the difference between a Police Caution and a Caution Plus 3?

A police caution is issued after an admission of guilt for minor offenses and results in no prosecution, but it leaves a criminal record. Caution Plus 3 is part of an ongoing investigation, where the CPS decides whether to press charges after further evidence is gathered.

4. Can I refuse a Police Caution?

Yes, you can refuse a police caution. However, refusal may lead to prosecution, meaning the police could charge you, and you may have to go to court.

5. Do I need a solicitor for a Caution Plus 3 interview?

Yes, it’s highly recommended to have a solicitor present for a Caution Plus 3 interview. The interview can lead to legal charges, and a solicitor will ensure your rights are protected.

6. Will a Police Caution appear on a DBS check?

Yes, a police caution will appear on a DBS check for years to come if you’re an adult and may show up longer for certain professions. However, the caution is spent immediately under the Rehabilitation of Offenders Act.

7. How long does a Police Caution stay on your record?

For adults, a caution will stay on the Police National Computer for six years for minor offences. For serious offences, it can remain on your record indefinitely.

8. Can a Police Caution affect my employment?

Yes, depending on the nature of the job and the type of DBS check required. For certain roles, particularly those involving vulnerable groups, a caution may affect your ability to gain employment.

9. What are the conditions for receiving a Police Caution?

You can receive a caution if you admit to a minor offence, are 18 or older, and agree to accept the caution. The police must also believe that a caution is appropriate rather than taking the matter to court.

10. Does a Caution Plus 3 mean I will be charged?

No, a Caution Plus 3 interview does not guarantee charges. It means the police will pass your case to the CPS or ERO, who will decide if there’s enough evidence to press charges.

11. Can I be prosecuted after a Caution Plus 3 interview?

Yes, depending on the evidence gathered and the CPS’s or ERO’s decision. If the CPS or ERO believes there’s enough evidence to proceed with a case, you may face prosecution.

12. Is a Police Caution the same as being convicted?

No, a police caution is not a conviction. However, it is recorded on your criminal record and can have similar effects, such as being disclosed during certain background checks.

13. How can I get a Police Caution removed from my record?

It’s generally difficult to get a police caution removed. However, you may apply for a record deletion if there were procedural errors or if you believe the caution was issued unfairly. A solicitor can help with this process.

14. Can I receive more than one Police Caution?

Yes, but it’s rare. The police usually issue a caution only if you have no prior cautions or convictions for similar offences. Multiple cautions can indicate a pattern of behaviour, making prosecution more likely in the future.

15. Can a Police Caution be challenged or appealed?

You cannot formally appeal a police caution, but you can apply to have it removed from your record if you believe it was improperly issued or unfair. It’s important to consult a solicitor for advice on this.

16. What is the police caution wording in the UK?

The standard wording for a police caution is: “You do not have to say anything, but it may harm your defense if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

17. What’s the difference between a simple caution and a conditional caution?

A simple caution is a formal warning with no conditions attached. A conditional caution involves specific conditions the offender must meet, such as paying compensation or attending rehabilitation programs. Failure to comply with the conditions could lead to prosecution.

18. Will a caution prevent me from traveling abroad?

A caution could affect your ability to travel, particularly to countries like the USA, which may view even minor offenses as a reason to deny entry. It’s essential to check the entry requirements for your destination before traveling.

19. Can a solicitor help with a Caution Plus 3 interview?

Yes, a solicitor can advise you on your rights and assist during the interview to ensure you do not incriminate yourself unnecessarily. Legal representation is crucial as anything you say may be used as evidence.

20. What happens after a Caution Plus 3 interview?

After a Caution Plus 3 interview, the police will send the case to the CPS or ERO for review. The CPS or ERO will decide whether to press charges based on the evidence. If no further action is taken, the case will be dropped.

 

Legal Disclaimer

The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.

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