"Police caution UK" is a search for two different things. One is the caution an officer reads to a suspect before questions or on arrest, which protects the right to silence while warning of adverse inferences. The other is the simple caution, an out-of-court disposal that ends a case without prosecution. Exam questions, and members of the public, often mix them up. This guide separates the two, then covers the adverse inference rules in sections 34 to 37 of the Criminal Justice and Public Order Act 1994 (CJPOA) that give the caution its teeth.
If you have been offered a simple caution or asked to attend an interview, this page describes the rules neutrally; it is not advice on your situation. Free legal advice is available at the police station, and gov.uk explains how to get it.
This guide is a revision aid, not legal advice; the exam follows the 2027 Blackstone's manuals. Checked against legislation.gov.uk on 30 October 2026, and against PACE Code C (December 2023).
The police caution wording in full
PACE Code C paragraph 10.5 sets the caution to be given on arrest, and on all other occasions before a person is charged or told they may be prosecuted:
"You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence."
There is an equivalent Welsh caution in 10.5. Minor deviations are not a breach if the sense is preserved (10.7), and if the person does not appear to understand, the officer should explain it in their own words (Note 10D).
Plain-English breakdown
- "You do not have to say anything." The right to silence remains. Silence is not an offence.
- "But it may harm your defence..." If you stay silent now and later rely on a fact at trial that you could reasonably have mentioned, the court may draw an inference against you.
- "Anything you do say may be given in evidence." What you say can be used.
The three versions of the caution
| Version | Words | When used |
|---|---|---|
| Full caution | The 10.5 wording above | On arrest and before questioning, unless the restriction applies |
| Restricted caution | "You do not have to say anything, but anything you do say may be given in evidence." | When Annex C restricts inferences, e.g. a detainee asked for legal advice and has not been allowed to consult a solicitor |
| Post-charge caution | Same short wording as the restricted caution | Before an exceptional interview after charge (16.5) |
Key fact: Whenever the restriction on inferences starts or stops applying after a caution has been given, the person must be re-cautioned in the right terms and the change explained in ordinary language (Annex C paragraph 3).
When must a caution be given? Points to prove
| Requirement | What it means | Evidence the officer records |
|---|---|---|
| Grounds to suspect (10.1, Note 10A) | Reasonable, objective grounds based on known facts that an offence was committed and this person committed it | The facts that made the person a suspect |
| Before questions about the offence (10.1) | Caution before any questions, or further questions if answers give grounds, where answers or silence may be evidence | Time of caution in pocket book or interview record (10.13) |
| On arrest (10.4) | Caution on arrest or further arrest, unless impracticable because of condition or behaviour, or cautioned immediately before | Arrest notes |
| Not under arrest (10.2) | Tell the person they are not under arrest and of their rights for a voluntary interview | Record of the information given |
| After breaks (10.8) | Remind the person they remain under caution; if in doubt, caution again in full | Interview record |
| Appropriate adult (10.12) | If a juvenile or vulnerable person was cautioned without the appropriate adult, repeat it in the adult's presence | Record of repeat caution |
When a caution is not needed
Paragraph 10.1 lists questions that do not need a caution because they are for other purposes:
- solely to establish identity or ownership of a vehicle;
- to obtain information under a statutory requirement;
- to carry out a search properly, for example deciding whether a stop and search is needed (see our section 1 PACE guide); and
- to verify a written record under 11.13.
Exam tip: The trigger is "grounds to suspect" plus questions "about an offence". A witness who is not a suspect needs no caution. The moment their answers give grounds to suspect them, any further questions require one.
Adverse inferences: what silence can lead to
The caution has consequences because of four sections of the Criminal Justice and Public Order Act 1994. None creates an offence. Each allows a court or jury to draw "such inferences as appear proper".
| Section | Silence about | Conditions | Warning needed |
|---|---|---|---|
| s.34 | A fact later relied on in defence | Questioned under caution before charge, or on being charged or informed of prosecution; fact could reasonably have been mentioned | The 10.5 caution |
| s.35 | Not giving evidence at trial | Guilt in issue; court tells accused of the consequences | Court's own warning |
| s.36 | Objects, substances or marks on the person, clothing, in possession or at the place of arrest | Arrested by a constable; officer reasonably believes it may be due to involvement and asks for an account | Special warning (s.36(4); Code C 10.11) |
| s.37 | Presence at a place at or about the time of the offence | Arrested by a constable who found them there | Special warning (s.37(3); Code C 10.11) |
Two safeguards apply to all of them:
- No inference without a chance of legal advice. At an authorised place of detention, ss.34, 36 and 37 do not apply if the accused had not been allowed to consult a solicitor first (ss.34(2A), 36(4A), 37(3A)). Annex C to Code C reflects this with the restricted caution.
- No conviction on silence alone. A person cannot be convicted, found to have a case to answer or sent for trial "solely on an inference" (s.38(3)).
The special warning
Before an inference can be drawn under s.36 or s.37, Code C 10.11 requires the suspect to be told in ordinary language:
- what offence is being investigated;
- what fact they are being asked to account for;
- that this fact may be due to them taking part in the offence;
- that a court may draw a proper inference if they fail or refuse to account for it; and
- that a record is being made and may be given in evidence.
The special warning must not be given to a juvenile or vulnerable person unless the appropriate adult is present (10.11A). Sections 36 and 37 apply only to suspects arrested by a constable (or an officer of Revenue and Customs), never to voluntary interviews (Note 10F).
The simple caution: an out-of-court disposal
A simple caution is a formal warning that may be given by the police to people aged 18 or over who admit an offence. The Ministry of Justice guidance, Simple cautions for adult offenders, describes it as a way of dealing with low-level, mainly first-time offending without prosecution. Under-18s are dealt with under the separate youth caution scheme. A conditional caution is different again: it has conditions attached, such as repairing damage.
Conditions for a simple caution
- The person has made a clear and reliable admission of the offence.
- There is sufficient evidence for a realistic prospect of conviction.
- Prosecution is not required in the public interest.
- The person agrees to accept the caution, having been told it forms part of their criminal record.
- Section 17 of the Criminal Justice and Courts Act 2015 does not bar it, or an officer of the required rank has found exceptional circumstances.
Restrictions under section 17 CJCA 2015
| Offence type | Restriction | Who decides |
|---|---|---|
| Indictable-only | No simple caution unless exceptional circumstances and the CPS agrees | Superintendent or above, plus CPS |
| Specified either-way (e.g. offensive weapons and bladed articles, Class A supply offences, indecent images of children) | Exceptional circumstances required | Inspector or above |
| Summary or other either-way, with a conviction or caution for a similar offence in the previous 2 years | Exceptional circumstances required | Inspector or above |
A simple caution can be referred to in future proceedings, becomes spent immediately under the Rehabilitation of Offenders Act 1974, and may still appear on standard and enhanced DBS checks unless filtered. There is no formal right of appeal once accepted; challenges are by judicial review or complaint.
Is the two-tier framework in force?
The Police, Crime, Sentencing and Courts Act 2022 creates diversionary and community cautions (s.98) and, by s.118, would allow no other caution for adults who admit an offence and would repeal conditional cautions and penalty notices for disorder. On 30 October 2026 legislation.gov.uk still showed those sections, including the abolition in s.118, as prospective: not in force. Only the power to issue a code of practice (s.116) had commenced. Until commencement, the simple caution remains the statutory disposal. Check whether your 2027 manual and your force's out-of-court resolution policy say anything more.
Key fact: A simple caution needs an admission. A "no comment" interview cannot lead to one.
Key definitions and leading cases
- Interview (Code C 11.1A): questioning about involvement or suspected involvement in an offence that must be carried out under caution. See our PACE Code C guide.
- Significant statement (11.4A): a statement capable of being used against the suspect, in particular a direct admission of guilt. It must be put to the suspect at the start of an interview at the station.
- Prepared statement: a written account handed over by the suspect, often through a solicitor, after which they answer "no comment".
Leading cases
- R v Argent [1997]: the Court of Appeal set out the formal conditions for a s.34 inference: proceedings must have begun, the failure must have occurred before charge under caution, the questioning must be aimed at discovering whether or by whom the offence was committed, the accused must have failed to mention a fact later relied on, and in the circumstances the accused could reasonably have been expected to mention it, judged by their own characteristics and situation.
- R v Cowan [1996]: on s.35, the jury must be properly directed that the burden of proof stays on the prosecution, that silence cannot by itself prove guilt, and that the prosecution case must be strong enough to call for an answer before any inference.
- R v Knight [2003]: a prepared statement that fully covers the facts later relied on at trial can prevent an inference under s.34, even if the suspect then answers no questions. A statement that leaves out what is later relied on does not.
- R v Howell [2003]: a solicitor's advice to stay silent does not, by itself, prevent an inference. The jury considers whether the suspect genuinely and reasonably relied on that advice.
Police powers that link to the caution
- Arrest (s.24 PACE and Code G). The person must be told of the arrest and the grounds and reasons, and cautioned (Code C 10.3, 10.4).
- Charging. The custody officer decides whether there is sufficient evidence to charge (s.37 PACE). On charge the person is cautioned again; after charge, interviews are allowed only to prevent harm or loss, to clear up an ambiguity, or to put new information, and they begin with the short caution (16.5).
- Statutory requirements. Some laws compel answers, for example road traffic duties to provide information. Paragraph 10.9 says the person should be told that the consequences of refusing are not affected by the caution.
Worked exam scenarios
Scenario 1: silence at interview, alibi at trial
KHAN is arrested for burglary, has a solicitor, and answers "no comment" in a properly cautioned interview. At trial he says he was at his sister's house all evening.
Answer: A s.34 inference may be possible. He was questioned under caution, the alibi is a fact later relied on, and the jury may consider whether he could reasonably have mentioned it. Advice from his solicitor to stay silent does not on its own stop the inference (Howell). He cannot be convicted on the inference alone (s.38(3)).
Scenario 2: mud on the trainers
PC LEWIS arrests WOOD near a burgled allotment shed. WOOD's trainers are caked in fresh mud of the same colour as the allotment. In interview the officer asks WOOD to explain the mud, without saying anything else. WOOD says nothing.
Answer: No s.36 inference can be drawn. The officer did not give the special warning required by s.36(4) and Code C 10.11, which must tell WOOD the offence, the fact to account for, that it may be due to his involvement, that an inference may be drawn and that a record is being made.
Scenario 3: the shoplifter who denies it
TAYLOR, aged 34 with no previous record, is arrested for stealing £20 of goods. She denies dishonesty in interview, saying she forgot the items were in her bag. The officer proposes a simple caution.
Answer: A simple caution cannot be offered. There is no clear and reliable admission. The guidance goes further: where a person admits the act but denies an essential element or raises a defence, a simple caution cannot be offered (paragraph 22). The case must be dealt with another way, for example a charging decision or no further action.
Common exam traps
- Full v restricted wording. "But it may harm your defence..." appears only in the full caution. After charge, and when Annex C applies, the short version is used.
- Special warnings need an arrest by a constable. Never in a voluntary interview (Note 10F).
- Juveniles and vulnerable people. No special warning without the appropriate adult (10.11A); repeat the caution if given in the adult's absence (10.12).
- Simple caution requires an admission and agreement. Silence or a denial rules it out.
- Rank tables. Indictable-only simple caution: superintendent plus CPS. Specified either-way and repeat offending within 2 years: inspector.
- Prospective law. Diversionary and community cautions are not in force; do not choose an answer that treats them as current law.
- No conviction on silence alone (s.38(3)).
Related offences and procedures
- PACE Code C: detention, legal advice, appropriate adults and interview rules.
- Section 1 PACE: stop and search, where questions to decide whether to search need no caution.
- The planned hearsay evidence and bad character evidence guides, which deal with how statements and previous cautions are used at trial.
- Investigators: the National Investigators' Exam (NIE) tests interviews heavily.
Test yourself
- Take the free interviews topic quiz, which covers cautions, special warnings and inferences.
- Follow with the evidence topic quiz and the bail and charging topic quiz for the out-of-court disposal rules.
- Sit the free diagnostic, then mock 1 in one timed sitting.
For the bigger picture, see the sergeants' exam guide and worked examples on our police sergeant exam questions page.
10 free interviews and cautions practice questions with answers
Try each one, then open the answer. For a timed experience use the free topic quiz.
1. BLAKE is arrested for an armed robbery. The firearm has not been found, and officers reasonably believe it is hidden in a park next to a primary school. Before taking BLAKE to the station, the arresting officer asks him where the gun is. Which of the following is correct?
- A. It is permitted, and BLAKE may then be fully interviewed about the robbery at the scene before transport.
- B. It is permitted only with the prior authority of a superintendent, given orally and recorded later.
- C. It is permitted if delay would be likely to lead to physical harm to others, but must stop once that risk is averted.
- D. No interview may take place anywhere other than at a police station once a decision to arrest has been made, whatever the risk.
Show answer
C. It is permitted if delay would be likely to lead to physical harm to others, but must stop once that risk is averted.
Following a decision to arrest, a suspect must not be interviewed about the offence except at a police station or other authorised place of detention unless delay would be likely to lead to interference with or harm to evidence, interference with or physical harm to people, serious loss of or damage to property, alerting other suspects, or hindering recovery of property (Code C para 11.1). Such questioning must cease once the risk is averted.
Source: PACE Code C (2023), para 11.1
2. THORNE's interview is interrupted for a 45-minute meal break. When the interview resumes, which of the following is correct?
- A. The caution must always be repeated in full after any break in the interview, however short it was.
- B. No reminder of the caution is needed, because the break lasted for less than one hour.
- C. THORNE must be made aware he remains under caution and, if in any doubt, cautioned again in full.
- D. A fresh caution is needed only if a different officer resumes the interview after the break.
Show answer
C. THORNE must be made aware he remains under caution and, if in any doubt, cautioned again in full.
Under Code C para 10.8, after any break in questioning under caution the person must be made aware that they remain under caution, and if there is any doubt the relevant caution should be given again in full when the interview resumes. Code E para 3.16 adds that the suspect should also be reminded of the right to legal advice if not exercised.
Source: PACE Code C (2023), para 10.8; PACE Code E (2018), para 3.16
3. BROOKS, aged 15, was cautioned on arrest before his appropriate adult was present. Which of the following is correct?
- A. BROOKS must be arrested again in the appropriate adult's presence.
- B. The caution remains valid and need not be repeated to BROOKS.
- C. The caution must be repeated in the appropriate adult's presence.
- D. The caution must be repeated only if BROOKS says he did not understand it.
Show answer
C. The caution must be repeated in the appropriate adult's presence.
Code C para 10.12 provides that if a juvenile or vulnerable person is cautioned in the absence of the appropriate adult, the caution must be repeated in the appropriate adult's presence. Annex E para 7 repeats the rule for vulnerable persons.
Source: PACE Code C (2023), para 10.12
4. PC OLIVER stops a car being driven erratically. Before anything else, and solely to find out who owns the car, he asks the driver, PATEL, 'Is this your car?' Which of the following is correct?
- A. PATEL must be cautioned and told he is not under arrest before any question at all is asked.
- B. A caution is needed only if PATEL is arrested, whatever questions are put to him at the roadside.
- C. No caution is needed, because the question is asked solely to establish who owns the vehicle.
- D. PATEL must be cautioned first, because there are already grounds to suspect him of a driving offence.
Show answer
C. No caution is needed, because the question is asked solely to establish who owns the vehicle.
Code C para 10.1 requires a person suspected of an offence to be cautioned before being asked questions about it if the answers or silence may be given in evidence. A caution is not needed where questions are for other necessary purposes, including solely to establish identity or ownership of any vehicle (para 10.1(a)).
Source: PACE Code C (2023), para 10.1
5. Where the restriction on drawing adverse inferences from silence does not apply, which of the following is the caution Code C requires to be given on arrest?
- A. 'You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.'
- B. 'You do not have to say anything. But it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence.'
- C. 'You are not obliged to say anything unless you wish to do so, but what you say may be put into writing and given in evidence.'
- D. 'You do not have to say anything, but anything you do say may be given in evidence.'
Show answer
A. 'You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.'
Code C para 10.5 prescribes the caution to be given on arrest and on all other occasions before charge, unless the Annex C restriction applies. Minor deviations do not breach the Code if the sense is preserved (para 10.7), but the reference to failing to mention 'when questioned' something later relied on in court is essential.
Source: PACE Code C (2023), para 10.5
6. DC PRESTON visits RAMSEY at home to question him about a fraud. RAMSEY has not been arrested and arrest is not considered necessary. When DC PRESTON cautions him, what else must he tell RAMSEY at the same time?
- A. Nothing further, because the caution alone is sufficient for a person who has not been arrested.
- B. That no adverse inference can be drawn from his silence, because he is not under arrest or detained at a station.
- C. That he is likely to be arrested if he refuses to answer questions or asks DC PRESTON to leave.
- D. That he is not under arrest, need not stay, and has the voluntary interview rights, including legal advice.
Show answer
D. That he is not under arrest, need not stay, and has the voluntary interview rights, including legal advice.
Whenever a person not under arrest is initially cautioned, Code C para 10.2 requires them to be told at the same time that they are not under arrest and informed of paras 3.21 to 3.21B, covering that they are not obliged to remain, must agree to be interviewed, and are entitled to free legal advice. At a home, the occupier may also require the interviewer to leave (para 3.22).
7. WYATT, aged 16, is detained for theft. His appropriate adult has been called but has not yet arrived, and there is no urgency. Which of the following is correct?
- A. WYATT may be interviewed, because the appropriate adult requirement applies only to those under 16.
- B. He must not be interviewed, or asked to provide or sign a written statement, until the appropriate adult is present.
- C. WYATT may be interviewed without the appropriate adult if the custody officer authorises it and records the reason.
- D. WYATT may be interviewed if he agrees and his solicitor is present, as the solicitor can protect his interests.
Show answer
B. He must not be interviewed, or asked to provide or sign a written statement, until the appropriate adult is present.
Code C para 11.15 provides that a juvenile or vulnerable person must not be interviewed about their involvement in an offence, or asked to provide or sign a written statement under caution or record of interview, in the absence of the appropriate adult, unless para 11.1 or paras 11.18 to 11.20 (urgent interviews) apply. Neither exception applies here.
8. Under Code C, which of the following is the definition of an 'interview'?
- A. The questioning of a person after charge about the offence charged, under the restricted caution.
- B. The questioning of a person about their involvement in an offence which must be done under caution.
- C. Any conversation between a police officer and a person in custody about any matter at all.
- D. Any questioning of a suspect that is audio or visually recorded in a police station interview room.
Show answer
B. The questioning of a person about their involvement in an offence which must be done under caution.
Code C para 11.1A defines an interview as the questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences which, under para 10.1, must be carried out under caution. Before the interview the person, and any solicitor, must be given sufficient information to understand the nature of the offence and why they are suspected.
Source: PACE Code C (2023), para 11.1A
9. An appropriate adult attends the interview of ZANE, aged 14. What must the appropriate adult be told about their role in the interview?
- A. That they may answer questions on ZANE's behalf if he is struggling to understand a question or to reply.
- B. That they are not simply an observer, but are there to advise, check fairness and help communication.
- C. That they must stay silent throughout and only observe the conduct of the interview.
- D. That they act as ZANE's legal representative if he has decided not to have a solicitor.
Show answer
B. That they are not simply an observer, but are there to advise, check fairness and help communication.
Code C para 11.17 requires an appropriate adult present at an interview to be told that they are not expected to act simply as an observer, and that the purposes of their presence are to advise the person being interviewed, observe whether the interview is being conducted properly and fairly, and facilitate communication with the person. Para 1.7A describes their wider safeguarding role.
10. Under s.38(3) CJPOA 1994, which of the following is correct about inferences from silence or failure to account?
- A. A person cannot be convicted solely on an inference drawn from such a failure or refusal.
- B. An inference from silence is enough on its own to establish a case to answer at the close of the prosecution case.
- C. Inferences may be drawn only where a special warning was given before the failure or refusal.
- D. Inferences may be drawn only in proceedings in the Crown Court, not in the magistrates' court.
Show answer
A. A person cannot be convicted solely on an inference drawn from such a failure or refusal.
Section 38(3) CJPOA 1994 provides that a person shall not have proceedings transferred to the Crown Court for trial, have a case to answer or be convicted of an offence solely on an inference drawn from a failure or refusal mentioned in ss.34(2), 35(3), 36(2) or 37(2). Other evidence is always required.
Frequently asked questions
+What are the exact words of the police caution?
PACE Code C paragraph 10.5 sets the wording: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence." Minor deviations are allowed if the sense is preserved (10.7).
+When must the police caution someone?
Before asking questions about an offence of a person whom there are grounds to suspect of it, if their answers or silence may be given in evidence (Code C 10.1). A person must also be cautioned on arrest unless it is impracticable because of their condition or behaviour, or they were cautioned immediately before arrest (10.4).
+Is a simple caution a criminal record?
A simple caution is not a conviction, but it forms part of the person's criminal record and can be referred to in later proceedings. Under the Ministry of Justice guidance it becomes spent immediately, though it can still appear on standard and enhanced DBS checks unless filtered. The person must be told this before they agree to accept it.
+Do you have to accept a simple caution?
No. A simple caution can only be given to an adult who has admitted the offence and agrees to accept it. The person keeps the right to refuse, even though refusing may lead to prosecution. Free legal advice is available before deciding.
+What is an adverse inference?
It is a conclusion a court or jury may draw from a suspect's silence, under sections 34 to 37 of the Criminal Justice and Public Order Act 1994. For example, if a defendant relies at trial on a fact they could reasonably have mentioned when questioned under caution but did not, the court may draw such inferences as appear proper. Nobody can be convicted solely on an inference (s.38(3)).
+What is a special warning?
A special warning is given under Code C 10.10 and 10.11 when an arrested suspect fails to account for an object, substance or mark, or for their presence at a place, at or about the time of the offence. Without it, no inference can be drawn under ss.36 or 37 CJPOA. It must not be given to a juvenile or vulnerable person unless the appropriate adult is present.
+What is the difference between a simple caution and a cautioned interview?
A cautioned interview is questioning under the caution wording in Code C 10.5, used to investigate a suspected offence. A simple caution is an outcome: a formal warning given instead of prosecution after the person admits the offence. One is a safeguard during questioning; the other ends the case.
+Have simple cautions been replaced by diversionary and community cautions?
Not yet in law. The Police, Crime, Sentencing and Courts Act 2022 creates diversionary and community cautions and abolishes simple cautions, but those sections were still shown as prospective (not in force) on legislation.gov.uk on 30 October 2026. Check the current position and your force's policy.
Revision aid, not legal advice. The College of Policing exams follow the 2027 Blackstone's Police Manuals, so check every point against your manual and the current law on legislation.gov.uk. Police Sergeant Exam is independent and not affiliated with the College of Policing, the Home Office or Oxford University Press.
Keep reading
- PACE Code C: Detention, Treatment and Questioning ExplainedPACE Code C explained for the sergeants' exam: rights in custody, appropriate adults, detention time limits and reviews, with paragraph numbers.
- Section 1 PACE: Stop and Search Powers ExplainedSection 1 PACE stop and search explained: reasonable grounds for suspicion, GOWISELY, Code A, section 60 and the Public Order Act 2023 powers.
- National Investigators' Exam (NIE) 2027: Format, Pass Mark, Dates and SyllabusNational Investigators' Exam guide: 80 questions in 2 hours, the 55.7% pass mark, the four examined parts, sitting dates and what happens after you pass.