Cautions, Significant Statements and Silences Flashcards

1
Q

What are the 3 types of caution

A
  • When caution
  • Now caution
  • Restricted caution
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2
Q

Quote the When statement

A

‘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’

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3
Q

When must a WHEN caution be given? (2 things)

A
  • When a police officer questions a person regarding their suspected involvment in a criminal offence
  • When a person is arrested
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4
Q

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

A

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

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5
Q

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

A

before the start of an interview

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6
Q

Quote the NOW statement

A

‘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’

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7
Q

What is the NOW caution

A

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

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8
Q

When could a NOW caution be used

A

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

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9
Q

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

A

Court cannot draw its own conclusions

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10
Q

RESTRICTED caution

A

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

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11
Q

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

A
  • 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
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12
Q

When is RESTRICTED caution used

A

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

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13
Q

What are ‘relevant comments’

A

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

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14
Q

What is significant silence

A

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

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