Cautions, Statements, Summons & Warrants Flashcards
What is a significant statement ?
Appears capable of being used in evidence against the suspect and -
- direct admission of guilt
- failure or refusal to answer questions
May arise at ANY TIME before or after caution.
What are the 2 types of warrant ?
Commitment
Arrest
What are the 4 ways to serve a summons?
- by handing it to them personally (over 18)
- handing it to their legal representative
- leaving it at an address it will be believed they will receive it
- posting it 1st class to address believed they will receive it.
What is a summons ?
A summons orders a person to court.
What is a warrant ?
A warrant directs a constable to carry out a specific duty.
What are the 3 categories of offences?
Indictable only (crown court)
Either way/indictable (crown or mags)
Summary only (mags)
When is the “when” caution used ?
Upon arrest
Caution +2 and +3
+2 - you are not under arrest and you can leave at any time.
+3 - “” “”
You are entitled to free, independent and legal advice if requested.
What are the 5 parts of a statement?
Part 1 - time/day/date/location Part 2 - set the scene Part 3 - the incident Part 4 - full 10 point desc Part 5 - read, correct & sign
What is a significant silence ?
A silence which might give rise to inferences being drawn..
Eg. Failure to answer questions, shrugging shoulders
Can only arise AFTER caution.
Restricted caution
You do not have to say anything but anything you do say may be given in evidence.
Use this for serious incident to prevent/minimise loss/harm.
To carry out Section 8 search warrant…
Must be indictable offence
Must have reasonable grounds to believe indictable offence has been committed eg. Controlled drugs, stolen property, terrorist material, any other evidence from indictable offence
