Any person involved in a police investigation should be aware that the police are constantly required to meet "clear up" targets and a caution ticks the box in the same way that a conviction does.
Anyone faced with an offer of a caution should be aware that acceptance of that caution is an admission of guilt and that various things may flow from it for instance, registration on the Sex Offenders Register, notification to employers, disclosure to a future prospective employer and the recording of the caution on a person's criminal record.
Any person faced with the prospect of a police caution should seriously consider taking legal advice before accepting that offer. The police cannot caution without sufficient evidence to have found a realistic prospect of conviction and it also must be in the public interest to prosecute.
A recent case came before the Divisional Court R (ASO Mohammed) v Chief Constable of West Midlands [2010] EWHC 1228 (Admin). Mr Mohammed persuaded the Divisional Court to quash the decision to caution him simply because there was insufficient evidence to justify a prosecution and, therefore, a caution should not have been offered as an alternative. In Mr Mohammed's case the innocent taking of pictures of a friend's child in a park led to 3 months on bail with stringent conditions and a police caution, including entry on the Sex Offenders Register. Unusually, the High Court also awarded damages in this case for the unlawful administration of the caution and the consequences that followed.