Rodney Hylton-Potts says

Charles Saatchi was cautioned by police, for an offence of Common Assault. He accepted a caution, so he stated, because it was “better than the alternative, of this hanging over all of us for months“.

1. By accepting a caution, Mr Saatchi accepted that he was guilty

A caution cannot be administered unless there is an admission of guilt. Additionally, when a caution is ‘administered’ by the police, the suspect must sign a form which makes it clear that they have accepted their guilt.

2. By accepting a caution, the offending admitted by Mr Saatchi must have been (relatively) serious

Not every criminal offence should be prosecuted – that is a fundamental rule of English justice. It must be in the ‘public interest’ to prosecute. For that reason, the behaviour admitted by Mr Saatchi must have reached a certain level of seriousness

See Caetano v MPC [2013] EWHC 375 (Admin) for a recent example of a caution for an offence of domestic violence being quashed as it should not have been administered as the offending that had been admitted, did not reach the requisite level of seriousness.

3. You do not need a complaint from a victim for there to be a prosecution

There has been a lot of discussion as to whether or not Ms Lawson, the victim of the offence, had, or should have made, a complaint to the police. Obviously, the police will normally act when the victim complains, but the CPS do not need a formal complaint from the victim to act.

In fact, the CPS can (and often do) prosecute when the victim does not want a prosecution. That is because they act on behalf of the public because of the harm that a crime does to the public. Whether or not the victim will actually give evidence and so secure a conviction is a different.  Many victims of domestic violence prefer to not attend court having made a complaint.

4. A caution is not just a slap on the wrist

A caution is a formal record of guilt. As the High Court noted

Although sometimes referred to in terms of a slap on the wrist without serious consequences, that is not so. The declaration which anyone who accepts a caution has to sign makes that clear. Dr. Caetano’s position illustrates it. She is not yet certain of her future employment. She may wish to work in the United States or Australia. She has to attend conferences all over the world. A caution for ‘assault by beating’ could be a serious impediment both to travel and work.

A caution will show up in an ‘enhanced’ Criminal Records Bureau check. It is a serious matter. It should never be accepted without taking expert legal advice.