Cautions & Significant Statements

Question 1

When must a police officer use a caution?

Answer 1

1. Reporting or charging people for offences
2. Arresting them
3. Asking questions relating to an offence

Question 2

Say the ‘when’ caution

Answer 2

“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.”

Question 3

When must you use the ‘when’ caution?

Answer 3

1. At the time of arrest

2. Before an interview

Question 4

What questions do not amount to an interview?

Answer 4

1. Establishing identity
2. Establishing ownership of a vehicle
3. Obtaining information that they are required to give by law, such as who was the driver of a car when it was involved in a road traffic collision
4. In furtherance of the proper and effective conduct of a search
5. To seek verification of a written record, such as when a suspect is shown a written record of any significant statements made outside of an interview

Question 5

What is the caution ‘+3’?

Answer 5

When someone is questioned regarding an offence and they are not under arrest, tell them:

1. They are not under arrest
2. They are free to leave
3. That they are entitled to free and independent legal advice

Question 6

Say the ‘now’ caution

Answer 6

“You do not have to say anything but it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence.”

Question 7

When must you use the ‘now’ caution?

Answer 7

Someone is reported for an offence or charged following arrest

Question 8

Say the ‘restricted’ caution

Answer 8

“You do not have to say anything, but anything you do say may be given in evidence.”

Question 9

What is a ‘significant statement’?

Answer 9

Appears capable of being used in evidence against a suspect, and in particular a direct admission of guilt.

Can be statements given freely and not in response to a question.

Question 10

What is a ‘significant silence’?

Answer 10

Failure or refusal to answer a question or answer satisfactorily when under caution, which might give rise to an adverse inference being drawn at Court.

Question 11

What is a ‘relevant comment’?

Answer 11

A statement that falls outside of the definition for significant statements, but may still have some bearing on the investigation. For example, denying involvement but naming someone else as the offender.