Arrests And Cautions

Question 1

When caution

Answer 1

You do not have to say anything but it may harm your defense if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

Question 2

Now caution

Answer 2

You do not have to say anything but it may harm your defense if you do not mention now something which you may later rely on in court. Anything you do say may be given in evidence.

Question 3

Caution +3

Answer 3

When caution plus:

• they are not under arrest.
• they are not obliged to stay with the police officer.
• they may obtain free and independent legal advice if they wish to.

Question 4

Restricted caution

Answer 4

You do not have to say anything, but anything you do say may be given in evidence.

Question 5

What powers are there to make an arrest?

Answer 5

• Arrest without a warrant (section 24 PACE).
• Powers for a breach of the peace.
• Preserved powers (e.g. positive roadside breath test).
• Arrest warrants that are raised by the courts.