Police notices explained
A plain guide to the notices and out-of-court outcomes the police and others can use. This page is information only. We do not advise on whether to accept a caution, how to plead, or what to say to the police.
This is information, not advice about your case
If you have been offered a caution, asked to attend an interview, charged, or sent a court notice, get advice from a solicitor. At the police station you have a right to free and independent legal advice: ask for the duty solicitor. Outside the police station, a criminal defence solicitor, which you can search for through the Law Society's Find a Solicitor, or Citizens Advice can help.
| Notice or outcome | Main legal basis | Time to respond or challenge |
|---|---|---|
| Traffic fixed penalty notice | Road Traffic Offenders Act 1988 | As stated on the notice |
| Penalty notice for disorder | Criminal Justice and Police Act 2001 | As stated on the notice |
| Simple or conditional caution | Government guidance; conditional cautions under the Criminal Justice Act 2003 | Decided when it is offered, so take advice before you accept |
| Community protection notice | Anti-social Behaviour, Crime and Policing Act 2014 | Appeal within 21 days of the day it is issued |
| Single Justice Procedure notice | Criminal Justice and Courts Act 2015 | Respond within 21 days of the date on the notice |
Fixed penalty notices
A fixed penalty notice offers you the chance to deal with an alleged offence by paying a fixed sum instead of being prosecuted. Paying it usually ends the matter, and it is not a criminal conviction.
Traffic fixed penalties, for offences such as speeding or using a phone while driving, are issued under the Road Traffic Offenders Act 1988. Some also add penalty points to your licence. The notice tells you how long you have to pay or to ask for the matter to go to court. If you do neither, the sum can increase and be registered for enforcement as a fine. If you have received a notice of intended prosecution for a motoring offence, see our guide to notices of intended prosecution.
Fixed penalties for other matters, such as littering or failing to comply with a community protection notice, can be issued by the police or by council officers, depending on the offence. If one is not paid, the issuing body can usually prosecute the original offence.
Cautions, community resolutions and penalty notices for disorder
Police can deal with some matters without going to court. The main options are:
- A simple caution. A formal warning for a minor offence. You must admit the offence and agree to be cautioned. It is not a criminal conviction, but it forms part of your criminal record, can be used as evidence of bad character in a later case, and can appear on standard and enhanced DBS checks, subject to the filtering rules.
- A conditional caution. A caution with conditions you must keep to, such as repairing damage. If you do not keep to them, you can be prosecuted for the original offence.
- A community resolution. An informal way of dealing with a minor matter, for example by an apology or by putting right damage. You are usually asked to accept responsibility. It is not a caution or a conviction, but the police keep a record of it.
- A penalty notice for disorder. Available for some offences, for people aged 18 or over. Paying it means you do not get a criminal conviction. You can ask for the matter to go to court instead.
The Police, Crime, Sentencing and Courts Act 2022 contains a new system of out-of-court cautions that would replace simple and conditional cautions and penalty notices for disorder. At the time of writing, those parts of the Act are not in force, so the existing options still apply. Forces differ in which options they use.
Whether to accept a caution or any other outcome is a decision with lasting effects, and accepting a caution is an admission of the offence. Take advice from a solicitor before you decide.
Community protection notices
A community protection notice is issued under the Anti-social Behaviour, Crime and Policing Act 2014. It can be given to a person aged 16 or over, or to a business or other organisation, whose conduct is having a persistent or continuing detrimental effect on the quality of life of people in the area, where that conduct is unreasonable. It can be issued by a police officer, by the council, or by others given the power. A written warning must be given first.
You can appeal to a magistrates' court within 21 days, beginning with the day the notice is issued. The grounds include that the conduct did not happen, was not unreasonable, or was outside your reasonable control, that a requirement is unreasonable, that the notice has a material defect or error, or that it was issued to the wrong person. While an appeal is under way, requirements to stop doing something stay in force unless the court orders otherwise. Other requirements are put on hold.
Failing to comply with a notice without reasonable excuse is a criminal offence, and can lead to a fixed penalty or a prosecution. An appeal is a court process. You make it yourself or through a solicitor. We do not make the appeal or attend court.
Single Justice Procedure notices
A Single Justice Procedure notice means you are being prosecuted for a minor offence that cannot be punished with prison. A single magistrate can decide the case on the written evidence, without a hearing. It is a court document rather than a police notice, although it may follow a police matter, and the prosecutor named on it may be the police or another organisation.
You have 21 days from the date on the notice to respond. The notice tells you how to respond and whether you can do so online. If you do not respond, a magistrate can decide the case without hearing from you.
You respond yourself. If you are unsure how to plead or what to say, speak to a criminal defence solicitor or Citizens Advice before the deadline.
What we do
- Explain in plain terms what a notice or letter is, who issued it and what deadlines it states
- Point you to the right source of legal advice for your situation
- Help with a complaint if the police handled the matter badly, for example by failing to explain a notice, or by behaving unprofessionally
- Request records connected with the notice, such as through a subject access request
What we do not do
- Advise on whether to accept a caution, community resolution or penalty notice
- Advise on how to plead, or draft a response to a Single Justice Procedure notice
- Advise on what to say to the police, or attend an interview
- Make or argue an appeal against a community protection notice
- Draft mitigation, or speak for you in court
For advice about the case itself, speak to a criminal defence solicitor or Citizens Advice.
Common questions
Is paying a fixed penalty a criminal conviction?
No. Paying a fixed penalty is not a conviction, and it usually ends the matter. Some traffic fixed penalties add penalty points to your licence. Whether to pay or to ask for a court hearing is your decision. If you are unsure, take legal advice before the deadline on the notice.
Will a caution show up on a DBS check?
It can. Cautions can appear on standard and enhanced DBS checks, subject to the filtering rules explained on our police records and data page. A basic check shows only unspent convictions and conditional cautions.
I think the police got it wrong. Can you help?
If the problem is how the police behaved, or the service they provided, we can help through a complaint. If you dispute that you committed the offence, that is a matter for the court process and for advice from a solicitor, and we cannot advise on it.
Our status
Appeal Specialists is an independent consultancy, not a law firm. We are not solicitors or barristers and we are not regulated by the Solicitors Regulation Authority or any other legal regulator, so you cannot complain about us to the Legal Ombudsman.
We provide non-reserved legal services only. We do not conduct litigation, file or serve court documents, or accept service of court documents for you. Where the law allows, we can speak for you at a small-claims hearing or a tribunal, but only with your agreement and, at small-claims hearings, only if you attend.
What you tell us is not protected by legal professional privilege. We never hold your money. We work on matters in England and Wales only. We do not guarantee any outcome.
All correspondence by email
We deal with everything in writing, so every point and every deadline is on the record. If you are replying to a letter from us, please quote our reference.