Having a caution on your record is not a conviction but may still restrict you from travelling or following your chosen career, it is therefore imperative that the caution was administered correctly. There is no formal right of appeal against a simple caution once it has been administered. However, this does not prevent a person (for example an offender or a victim) who claims that it was not administered in accordance with the strict guidance from challenging the simple caution by way of a complaint against the police force or in court by way of a claim for judicial review.
To make a complaint against the police force a person can:
- Make a complaint in writing to the Chief Constable of the police force that administered the simple caution or by visiting a police station;
- Make a complaint to the Independent Police Complaints Commission to pass to the police force;
- Authorise a third person (such as a solicitor or Citizens Advice Bureau) to submit the complaint on their behalf.
If the simple caution is set aside for any reason, whether following a challenge or for any other reason then the case should be reviewed again within the provisions of the government guidance to consider whether a simple caution or other outcome is appropriate. Monan Gozzett can provide robust advice and take action to appeal a caution.