Cautions Flashcards
What is the “CAUTION +2”?
“You do not have to say anything, but it may harm your defence if you do not mention when questioned something you later rely in court, anything you do say maybe given as evidence”
1) You are not under arrest, and
2) You are not obliged to stay with me
What is the “CAUTION +3”?
“You do not have to say anything, but it may harm your defence if you do not mention when questioned something you later rely in court, anything you do say maybe given as evidence”
1) You are not under arrest
2) You are not obliged to stay with me
3) You are entitled to FILA
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 in court, anything you do say maybe given as evidence”
What is the “ RESTRICTED CAUTION”?
“You do not have to say anything, but anything you do say maybe given as evidence”
What is the “WHEN QUESTIONED” caution?
“You do not have to say anything, but it may harm your defence if you do not mention when questioned something you later rely in court, anything you do say maybe given as evidence”
At what times should the “WHEN QUESTIONED” caution be used?
The “when questioned” caution is used for a suspect:
a) Before arrest (interview)
b) Q&A regarding offence with no reason to arrest (interview)
c) Upon arrest unless I) impracticable due to suspects behaviour/condition, or ii) cautioned immediately prior to arrest
d) Under arrest when questioning about an offence (interview @ station)
At what times should the “NOW CAUTION” be used?
The “now caution” should be used:
a) After charging for an offence
b) After reporting for an offence
At what point would the “RESTRICTED CAUTION” be used?
a) When a detained person has asked for legal advice and is to be interviewed prior to legal representatives arrival, or
b) Is interviewed following a charge/report
At what point will the “CAUTION +3” be used?
If voluntarily at a police station
At what times should the “WHEN QUESTIONED” caution be used?
The “when questioned” caution is used for a suspect:
a) Before arrest (interview)
b) Q&A regarding offence with no reason to arrest (interview)
c) Upon arrest unless I) impracticable due to suspects behaviour/condition, or ii) cautioned immediately prior to arrest
d) Under arrest when questioning about an offence (interview @ station)
At what times should the “NOW CAUTION” be used?
The “now caution” should be used:
a) After charging for an offence
b) After reporting for an offence
At what point would the “RESTRICTED CAUTION” be used?
a) When a detained person has asked for legal advice and is to be interviewed prior to legal representatives arrival, or
b) Is interviewed following a charge/report
At what point will the “CAUTION +3” be used?
If voluntarily at a police station
Can a person under 18yrs be interviewed?
All persons under 18 yrs MUST be provided with an appropriate adult prior to being interviewed or reported
