Cautions Flashcards
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 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 on in court, anything you do say maybe given as evidence
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 on 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
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 on 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 “RESTRICTED CAUTION”?
You do not have to say anything, but anything you do say maybe given as evidence
What is FILA?
Free Independent Legal Advice
When should the “WHEN QUESTIONED” caution be used?
a) Before arrest (interview)
b) 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
When should the “NOW CAUTION” be used?
The “now caution” should be used:
a) After charging for an offence
b) After reporting for an offence
When should 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
When should 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
When would the “CAUTION +3” be used?
If voluntarily at a police station for interview
When would the “CAUTION +2” be used?
When reporting for an offence and after details were obtained
