Cautions, Significant Statements and Silences

Question 1

What are the 3 types of caution

Answer 1

• When caution
• Now caution
• Restricted caution

Question 2

Quote the When statement

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 a WHEN caution be given? (2 things)

Answer 3

• When a police officer questions a person regarding their suspected involvment in a criminal offence
• When a person is arrested

Question 4

What must you do when a suspect replies to a WHEN cuation

Answer 4

Reply to caution must be noted in PNB (direct speech)

Question 5

When is the WHEN caution used when suspect is taken back to police station

Answer 5

before the start of an interview

Question 6

Quote the NOW statement

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

What is the NOW caution

Answer 7

The last chance for the defendant to have anything recorded about the offence

Question 8

When could a NOW caution be used

Answer 8

At the end of the process of reporting a person for an offence

Question 9

What happens if the NOW caution is not used at appropriate times

Answer 9

Court cannot draw its own conclusions

Question 10

RESTRICTED caution

Answer 10

‘You do not have to say anything but anything you do say may be given in evidence’

Question 11

What are possible reasons a detained person could be further interview after being charged

Answer 11

• To prevent or minimise harm or loss to some other person/public
• To clear up ambiguity in previous answer or statement
• In the interests of justice, allow the defendant to comment upon new information which has come to light post charge

Question 12

When is RESTRICTED caution used

Answer 12

If a further interview takes place after a detained person has been charged

Question 13

What are ‘relevant comments’

Answer 13

An unsolicited comment made by a suspect which isnt a ‘significant statement’ but may nethertheless be relevent to the offence

Question 14

What is significant silence

Answer 14

A failure or refusal to answer a question, or answer satisfactorily when under caution