Cautions Etc Flashcards
Which type of caution should an officer give after reporting someone for an offence?
The now caution
What must a suspect be told when being cautioned before an interview, that is taking place whilst not under arrest, nor at a police station?
That they are not under arrest and not required to stay with the police officer
What must a suspect be told when they are cautioned before an interview at a police station, whilst attending the station voluntarily?
That they are -
Not under arrest
Free to leave
Entitled to free independent legal advice.
May a refusal to answer a question ever be considered a ‘significant silence’ if the person refusing is not at a police station?
Yes
Which words of the ‘when questioned’ caution are missing from the restricted caution?
But it may harm your defence, if you do not mention, when questioned, something you later rely on in court.
May a comment made by a suspect ever be deemed a significant statement, if that person had not been cautioned when they said it?
Yes
May a statement from a suspect, that is not an admission of guilt ever be deemed a significant statement?
Yes
If it seems capable of being used in evidence against them
e.g. Admitting to being present
When is a ‘When Questioned’ caution given?
Given after arrest, during interviews and whenever questions need to be asked about an offence.
When is a ‘Now’ caution given?
At the end of an investigation, when questioning is over and the person is being charged.
When is a ‘Restricted’ caution used?
For interviews held after a person has been charged, and which will not effect the charging decision.
What is the definition of an interview?
The questioning of a person regarding their involvement or suspected involvement in a criminal offence(s).
What is meant by a ‘significant statement’?
Any comment given at any time related to the offence in question by an arrested person, before or after caution. It has to relate to the offence and about the arrested person.
What is meant by a ‘significant silence’?
To remain silent when asked questions after caution or refusing to give a satisfactory answer ie. no comment.
What is meant by a ‘relevant comment’?
Any comment which is relevant to the offence but could include other persons involvement made by the arrested person.
What must a person be told who is not under arrest and prior to an interview?
- that they are not Nader arrest
- that they are free to leave at any point
- that they are entitled to free legal advice
