Lecture 7 - Caution and Arrest Flashcards
1
Q
what is the caution?
A
you do not have to say anything, but it may harm your defence if you do not mention when questioned something you later rely on in court, anything you do say may be given in evidence
2
Q
when must the caution be given?
A
- at arrest unless its not practicable at the time.
Someone suspected of an offence and whom you wish to ask questions.
We have to either lock up or invite in to conduct an interview because of no caution.
An arrested person
3
Q
when do we not need to give a caution?
A
if we are just trying to establish who they are etc. they don’t have to answer if haven’t committed an offence
4
Q
When can you arrest without a warrant?
A
constable can arrest anyone who is about to commit an offence, is committing an offence , is guilty of committing an offence.