Deferred Caution

A Deferred Caution is an outcome for a crime which is used by Devon & Cornwall Police. If a crime is eligible, a trained decision maker will review all available evidence and make a decision as to whether a deferred caution should be offered or not. If someone is offered a deferred caution, they do not have to agree and the alternative is to have an Adult Caution issued instead.

It lasts for up to 16 weeks and involves conditions which must be completed or complied with. Examples of these could be paying for any damage caused as reparation to the victim, completing a course to address underlying issues linked to offending and having an initial discussion with Restorative Justice services if this is appropriate. There must be no further offences during the period of the contract.

If you opt for a deferred caution, you will be contacted by the Out of Court Resolutions Team from the Police at the beginning, middle and end of the contract period. This will be by telephone and not face to face. This is to check if you are completing your conditions and sign-post you to any support you feel could prevent you reoffending in the future.

If you choose and complete a deferred caution, then you will not receive an Adult Caution. No further action will be taken in relation to the offence. This means you will not have a criminal record. Only information that you have completed a diversionary activity will be recorded on police systems.

If the conditions of the contract are not met, the Adult Caution will be reinstated. This means you will have a criminal record that could hinder future work prospects or limit travel options. 

What the contract will include.

Contracts can vary according to what is required. However, in most cases there will be two mandatory conditions:

• A rehabilitative condition designed to help you address any issues that are linked to your offending, for example accessing support with drug and alcohol issues.
• A condition where you will agree to take part in an initial conversation about Restorative Justice if required.

Any additional conditions will be reparative. reparative conditions are designed to help make good any harm that you may have caused to either the person or a local community, for example paying for damage caused or restricting contact with individuals or places.

Choosing a Deferred Caution

If you choose a Deffered Caution you will be asked to sign a Deferred Caution form by the Police and will be passed to the OoCR team.
The OoCR team will make contact with you within the next seven days. This will be by the telephone or written communication. Please note that the call may come from a withheld number.

It is vital that we have your up to date contact details. If we cannot contact you, you will receive your criminal conviction.

If you need assistance, please make this known either now or when the police call you.

When you speak to the OoCR team they will explain:

• What is involved in your contract in more detail and answer any questions you may have.
• What you need to do in order to meet the requirements of the Deferred Caution.
• What happens if you break the contract, and how this is evidenced. If you break the contract, you will receive the Police Caution.

You can choose to opt out of the Deferred Caution at any stage and be issued with the caution for your offence.

Benefits of successfully completing a deferred caution::

• You will not receive an Adult Caution. This can have long lasting negative effects on your life, affecting the type of work you can get and the money you can earn, your ability to travel and sometimes can cause difficulty in getting financial credit such as a loan.
• An opportunity to address issues that might be linked to your offending

People that have been given an OoCR have said:

“Before, I was having very dark thoughts about hurting myself and other people.
Thank you for giving me the chance to change my life. I’ve changed my ways, now everything’s going to be all right.”

“This has made me realise how much drugs were effecting my life. I was risking everything I had worked hard for.”

“It’s been good to get some support, I had nothing before”

If you have any questions please email the OoCR team