Q&A: "What is the difference between the caution, and a simple caution?"
Question from Nathan, Environmental Health Officer, Local Authority Private Sector Housing
The word caution has two distinct meanings. It can describe the formal warning given before a suspect is questioned, or an out-of-court disposal used to conclude a case where an offence has been admitted.
The difference is important. An interview caution is a safeguard during an investigation. A simple caution is a formal outcome which avoids prosecution, but may still carry legal and practical consequences.
What is a caution in an interview?
An interview caution under PACE is the warning given to a person before they are questioned about their suspected involvement in an offence. It applies where there are reasonable grounds to suspect that the person has committed an offence and an investigator proposes to ask questions about it.
This spirit of the caution was explained in Shepherd v R [2019] EWCA Crim 1062 at [53]:
“The thrust of the legislation [PACE] is clear: it is to be fair to those who are suspected of committing a criminal offence and to ensure that their rights are respected.”
The requirement is governed by the Police and Criminal Evidence Act 1984 and PACE Code C. It applies not only to police investigations (true crime policing) but may also arise when other enforcement bodies, including local authorities, the Health and Safety Executive and the Environment Agency, or Fire and Rescue Services conduct a suspect interview (regulatory crimes).
The full caution set out in paragraph 10.5 of PACE Code C is: