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Conditional caution definition What does Conditional caution mean? In criminal practice, a conditional caution is an out-of-court disposal for low-level offending: the suspect admits the offence and agrees to conditions; if complied with, no prosecution follows. In England and Wales it is a statutory scheme under the Criminal Justice Act 2003. The prosecutor (usually the CPS) must be satisfied that the evidential and public interest tests are met and that a conditional caution is appropriate; the police then issue and supervise it. Conditions typically require reparation (compensation or apology), rehabilitation (attendance at a course or treatment) or, in some cases, a financial penalty. If the suspect breaches the...
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Previous convictions in criminal practice: ROA 1974 rehabilitation, DBS filtering, disclosure, bad character, bail, sentencing, appeals and DPAs (England and Wales)
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Practice notes
This Practice Note examines spent convictions and rehabilitation periods under the Rehabilitation of Offenders Act 1974 (ROA 1974), as updated by the Police, Crime, Sentencing and Courts Act 2022. It also looks at how earlier convictions affect criminal investigations, their use as evidence in criminal proceedings, and their relevance to sentencing.
What is a spent conviction?
Where a conviction or caution becomes spent, the individual is, for most purposes, regarded in law as if no offence had been committed. Consequently, under ROA 1974, people with spent convictions or cautions are generally entitled not to disclose them when applying for most roles. However, they may still appear on a Disclosure and Barring Service criminal record check (a DBS check, sometimes called a CRB check), which certain positions will require. Some convictions become spent after a defined period, which depends on the disposal or sentence imposed. For some categories of offence, convictions are never spent.
Rehabilitation periods for criminal offences
On 28 October 2023, changes took effect that shorten the rehabilitation periods for particular sentences. These reforms reduce the length of time that people with previous convictions must legally make declarations about them, in line with the amended provisions of ROA 1974...
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Web page updated on 22/05/2026
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