Miscellaneous

Question 1

What does it mean to “suspect something on reasonable grounds”?

Answer 1

It means two things:
1. (subjective component) that you hold the mental state of suspicion, which is “more than a mere idle wondering” but less than a firm belief
2. (objective component) that a reasonable third person armed with the same facts that you have would also form the same suspicion

Question 2

State the official caution.

Where in legislation is the requirement to caution found?

Answer 2

The official caution is found in the Evidence Act 1995 s139

It consist of the following:
* I am going to ask you some questions in relation to…
* You do not have to say or do anything if you do not want to. Do you understand that?
* I/We will record what you say or do. I/We can use this recording in court. Do you understand that?

Question 3

When must a person be cautioned?

Answer 3

The Evidence Act 1995 s139 states that an investigating police officer must caution a person before questioning them if:

(1) the person is under arrest for an offence at the time, or
(2) the officer believes they have sufficeint evidence to establish the person has committed an offence

If the officer questions without cautioning, any answers given may be inadmissible.