Cautions, warnings and reprimands
As with arrests, information relating to cautions, warnings and reprimands will appear on the Police National Computer.
Pursuant to the Rehabilitation of Offenders Act 1974, cautions become spent as soon as they are administered (unless they have conditions attached to them, in which case they become spent after 3 months or when the caution ceases to have effect, whichever is earlier). A spent caution will not appear on a Basic Criminal Record Certificate issued by the DBS, but may be disclosed following a Standard or an Enhanced criminal record check depending upon the age of the caution and the offence for which the individual was cautioned. It is possible in certain limited circumstances to expunge a caution, warning or reprimand from a person’s criminal history by way of an application to the ACRO Criminal Records Office. An application to expunge a caution, warning or reprimand is a complex process and requires specialist advice. Such an application will only succeed if it can be demonstrated that there was either a flaw in the process followed by the police when the caution was administered that is sufficient to render the caution, warning or reprimand unlawful, and/or that continued retention of the caution, warning or reprimand on the person’s record is disproportionate.
If the police refuse to expunge the caution, this decision might be capable of being Judicially Reviewed.
Judicial Review is a multi-stage challenge to the police’s decision to refuse to expunge the caution. At the pre-action stage a letter will be written to the relevant police force outlining why the refusal to expunge is unlawful. If the police do not concede at this stage, a court challenge may be a viable option depending on the facts of the case. You may be able to recover some of your litigation costs if you are successful in your claim for Judicial Review. If you are unsuccessful, or denied permission to apply for Judicial Review, then you may be liable for the police force’s costs of defending the claim.
If the police agree to expunge the caution, it will be removed from your criminal record.