How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
Type Your UK Law Question Here...
Alice H is online now
A new question is answered every 9 seconds

Hi, I have two questions regarding Formal Adult Warnings

This answer was rated:


I have two questions regarding Formal Adult Warnings (FAWs) in scotland;

1) It says that they are only retained on the Scottish criminal history system (CHS) for two years, after which they become expunged. Does this mean that after two years the FAW is deleted from the CHS?

2) Thus after two years, will an FAW not show on enhanced disclosures or police certificates?

Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

Do you have any other cautions or convictions?
Customer: replied 3 years ago.

i have no other cautions, convictions or arrests of any kind.

Thanks Ray.

1. Yes. After 2 years the caution is expunged and will never appear on any criminal record check.

2. Correct.

Hope this helps.

Customer: replied 3 years ago.

You refer to it as a caution but it is actually a FAW. In scotland there is no official 'Caution' as in England and Wales.


What are the differences between a FAW in scotland and a 'Caution' in England?


Apologies for this follow-on.

Yes, quite right.

In Scotland there is no formal caution process , but there is a formal adult warning (FAW) procedure which is similar to the cautioning process that is used in England and Wales.

The most important difference is that in England and Wales the caution is recorded for life, whereas the Scottish FAW is expunged after two years.

Also in England and Wales the caution is 'spent' immediately and cannot be held against a person but will still appear on enhanced criminal record checks.

In Scotland, after 2 years, the FAW will not appear on any checks and will be completely clear.

Alice H and other UK Law Specialists are ready to help you
Customer: replied 3 years ago.



Many thanks for your answers. Final query (i promise).


I am finding it hard to believe that all record of an FAW will be expunged (or deleted).


If i were to requset a subject access form or ACPO police certificate after 2years (i.e. after the expungement), would it come back with no data? as if no arrest ever occured?





No problem. I will see if I can get the law for you - but this may not be until tomorrow when I get to my office.
Customer: replied 3 years ago.

Thank you, i would really appreciate that.