Caution And Arrests Flashcards
What is the when caution?
You do not have to say anything, but, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
Can you question before an interview?
No, they need a legal rep. They will have this in custody before an interview.
What is the now caution?
You do not have to say anything, but, it may harm your defence if you do not mention now, something you later rely on in court. Anything you do say may be given in evidence.
What is the restricted caution?
You do not have to say anything, but, anything you do say may be given in evidence.
When do we use the restricted caution?
When we are detaining a person and want more information. There is an immediate risk to life, when we need to interview quickly.
do we ask if they understand after cautioning?
No. They could say no or it could be considered as questioning after caution. Avoid this.
Why do we caution?
We caution to allow people to understand their rights and what will happen next. This allows them to have a legal rep.
When do we caution?
On arrest, at a court appearance and on an interview.
What do you need to record when giving a caution?
If there is a reply and if they refuse to sign or reply
What is an arrest?
You can take away someone’s liberty.
Do you need to cuff someone who is arrested?
No. They could be compliant.
What are the 3 modes of trial?
1 summary only
2 either way
3 indictable
What is a summary offence?
Minor offence, magistrates court, limit on sentencing powers. Does not trigger extra police powers.
Eg, common assault, S5 public order.
What is an either way offence?
The offence is indictable (eligible for crown court) but can be dealt with at a magistrate’s court unless the defence opts for trial by jury (crown court).
Eg, theft, criminal damage, ABH.
What is an indictable offence?
The most serious offences will only be heard at crown court.
Eg, murder, robbery