What is a caution?
Discussion
As per the title, what does it mean if I have been cautioned for a motoring offence? I gather motoring law is somewhat different to criminal law? will I have a criminal record for life?
I was travelling through some roadworks at 50mph, when I came to the end of the roadworks and passed the national speed limit sign I accelerated towards 70mph, but I accelerated rather more quickly than the car in front which happened to be an unmarked police car. I was then pulled over and informed I had been pulled over for driving without due care and attention.
After taking some details and a look around my car the officer proceeded to write up a ticket, but then decided to rip it up. He said that he was going to issue me with 3 points and £100 fine, but I seemed a reasonable person and he'd had a change of heart. Instead he was going to give me a caution, he handed me what looked like a notebook with some details on it, which I had to sign. He informed me that this would be circulated around the office and if I was stopped again rest assured I would be done. I was educated about stopping distances and not driving too close to the car in front and then free to go.
I was grateful to the officer for his discretion, message received and lesson learned. And I'm glad they are out there doing their job.
I'm worried now though about what this caution actually means. Had I been issued with points and a fine they would be off my record in 5 years. A caution, although spent, remains on the police national computer indefinitly doesn't it? Or is that just for criminal cautions such as shop lifting or assault, is it different for motoring offences? or is it a case of it will be circulated around the office for a while and then binned.
I was travelling through some roadworks at 50mph, when I came to the end of the roadworks and passed the national speed limit sign I accelerated towards 70mph, but I accelerated rather more quickly than the car in front which happened to be an unmarked police car. I was then pulled over and informed I had been pulled over for driving without due care and attention.
After taking some details and a look around my car the officer proceeded to write up a ticket, but then decided to rip it up. He said that he was going to issue me with 3 points and £100 fine, but I seemed a reasonable person and he'd had a change of heart. Instead he was going to give me a caution, he handed me what looked like a notebook with some details on it, which I had to sign. He informed me that this would be circulated around the office and if I was stopped again rest assured I would be done. I was educated about stopping distances and not driving too close to the car in front and then free to go.
I was grateful to the officer for his discretion, message received and lesson learned. And I'm glad they are out there doing their job.
I'm worried now though about what this caution actually means. Had I been issued with points and a fine they would be off my record in 5 years. A caution, although spent, remains on the police national computer indefinitly doesn't it? Or is that just for criminal cautions such as shop lifting or assault, is it different for motoring offences? or is it a case of it will be circulated around the office for a while and then binned.
voyds9 said:
I thought the highway code said to accelerate quickly up to speed whilst keeping the vehicle under control ie not wheel spinning.
unlikely it is that specific and even more unlikely that it says "quickly". you can check here anyway.... https://www.gov.uk/browse/driving/highway-code
regardless, it sounds like the OP was pulled for driving up the chuff of the car in front. ie lack of attention to what the car in front was doing and driving too close rather than accelerating too fast.
craigjm said:
Even a criminal caution or conditional caution is not a criminal record and is either spent immediately when it is issued (a caution) or after three months (conditional caution).
A criminal Caution is as good as a conviction- certainly not removed from PNC after three months.Bigends said:
A criminal Caution is as good as a conviction- certainly not removed from PNC after three months.
I didnt say it was removed from the PNC i said it was spent. You are not removed from the PNC even if you have been arrested and nothing further happens. It isn't as good as a conviction. A conviction in court is a criminal record a caution is not.
Edited by craigjm on Saturday 13th June 16:30
craigjm said:
I didnt say it was removed from the PNC i said it was spent. You are not removed from the PNC even if you have been arrested and nothing further happens.
It isn't as good as a conviction. A conviction in court is a criminal record a caution is not.
They are only spent in relation to disclosure for job applications You'd still have to disclose a caution when applying for certain jobs. They are still taken into account by Police and CPS in relation to disposal options for offences committed at later dates. Its technically not a conviction but is as good as. I dont think youre eligible for caution for a similar offence within two years.It isn't as good as a conviction. A conviction in court is a criminal record a caution is not.
Edited by craigjm on Saturday 13th June 16:30
Edited by Bigends on Saturday 13th June 16:43
Bigends said:
They are only spent in relation to disclosure for job applications You'd still have to disclose a caution when applying for certain jobs. They are still taken into account by Police and CPS in relation to disposal options for offences committed at later dates. Its technically not a conviction but is as good as. I dont think youre eligible for caution for a similar offence within two years.
You still have to disclose them if youre occupation is on the exclusion list which are those generally requiring an enhanced DBS where they will be stated even if spent. You are right you cannot be cautioned for similar offences within such a time frame but the likelyhood is that if you are in that situation you would be prosecuted anyway because it would not be seem as a first offence. Edited by Bigends on Saturday 13th June 16:43
craigjm said:
You still have to disclose them if youre occupation is on the exclusion list which are those generally requiring an enhanced DBS where they will be stated even if spent. You are right you cannot be cautioned for similar offences within such a time frame but the likelyhood is that if you are in that situation you would be prosecuted anyway because it would not be seem as a first offence.
Not necessarily. You still do have to declare them for exempt jobs, but I am in one and need an enhanced DBS for my job and my spent conviction from my youth does not appear. I know people that I work with who have DR10s and they don't show up either. I believe they are only stated on the DBS if they are relevant to the job (i.e. for a teacher, crimes involving violence, drugs or children). sim72 said:
Not necessarily. You still do have to declare them for exempt jobs, but I am in one and need an enhanced DBS for my job and my spent conviction from my youth does not appear. I know people that I work with who have DR10s and they don't show up either. I believe they are only stated on the DBS if they are relevant to the job (i.e. for a teacher, crimes involving violence, drugs or children).
yes thats true and if you were under 18 when you got yours then it doesn't show for that reasonIn practice what this will probably mean is that you'll be "Police Aware", at least in the local constabulary.
For what it's worth way back when I got pulled for "numberplate not conforming to regs" (was driving a Japanese import, plate was small with small font). Being young (and stupid?) I ignored the warning/caution I got the first time I was pulled, and the second time the guy was aware of my previous stop and gave me a proper b
king and a VDRS. This was all in the same county though.
For what it's worth way back when I got pulled for "numberplate not conforming to regs" (was driving a Japanese import, plate was small with small font). Being young (and stupid?) I ignored the warning/caution I got the first time I was pulled, and the second time the guy was aware of my previous stop and gave me a proper b
king and a VDRS. This was all in the same county though.craigjm said:
yes thats true and if you were under 18 when you got yours then it doesn't show for that reason
I was 22 (I should probably have said "younger days" rather than "youth") and it still doesn't show on the enhanced DBS. As I said, I think it will only be shown if relevant. Of course, that doesn't mean you should choose not to declare it - that's very risky. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff