Caution

Question 1

Why is it important to caution upon arrest?

Answer 1

So that anything they say can be used in court - the caution offers the option to remain silent.

Question 2

When must a caution be given?

Answer 2

Before any questions are asked of someone you have reasonable suspicions about.

Question 3

When is a caution not required?

Answer 3

• Solely to establish identity or owner of a vehicle.
• In furtherance of a search.
• To seek verification of a written record.
• To obtain info in accordance with any relevant statutory requirement.

Question 4

What makes up the caution +3

Answer 4

• Not under arrest
• Free to leave
• Entitled to free and independent legal advice

Question 5

What constitutes a lawful arrest?

Answer 5

• at time of arrest, or as soon as practicable, cautioned.

- Must be given grounds and necessity of arrest

Question 6

What is the caution?

Answer 6

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

Question 7

What is the Now caution?

Answer 7

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

Question 8

What must be recorded in PNB after giving caution?

Answer 8

• Time of arrest

- Any significant statements

Question 9

What is a significant statement?

Answer 9

A comment made by a suspect before or after the caution that is capable of being used in evidence - especially admission of guilt.

Question 10

What is an unsolicited comment?

Answer 10

A comment made before or after the caution that may be relevant to the case.