Caution Flashcards
When required
When there are grounds for suspicion falling short of evidence which would support a prima facie case of guilt, not simply that an offence has been committed, but being committed by the person being questioned.
Purpose
Protects suspects rights
Kept informed of consequence of what is said during investigation
Types of caution
When caution - at arrest and start of interview
Now caution - end of investigation, when DP is being charged, end of reporting for an offence.
Restricted caution - interview after charge, interview before speaking to a solicitor
The Caution
You do not have to say anything,
however it may your defence if you do not mention when questioned
something which you later rely on it court, anything you do say may be given in evidence
Caution +3
When a person attends a police station for a voluntary interview:
- You are not under arrest
- You are free to leave at any time
- You are entitled to free legal advice