Significant Statements

Question 1

Which extract of legislation gives guidance over the taking of significant statements?

Answer 1

Police and Criminal Evidence Act 1984, Code C 11.4

Question 2

What are the 2 types of caution?

Answer 2

The “When” caution

The “Now” caution

Question 3

When should the “When” caution be given?

Answer 3

Must we cautioned before asking questions - “When” I want to ask questions

Question 4

When should the “Now” caution be given?

Answer 4

Right at the end of process of questioning and collection of evidence or when a summons is given - “Now” that I’ve finished

Question 5

On what occasions should the cautions be given?

Answer 5

1) When arresting a person

2) When questioning somebody you do not need to arrest

Question 6

What are questions asked by an officer to a person outside of an arrest called?

Answer 6

A voluntary interview

Question 7

What must the nature of questions be for us to be required to caution?

Answer 7

Questions which allowed the interviewee to implicate themselves

Question 8

What 4 steps MUST be performed for a voluntary interview (questioning without arrest)?

Answer 8

1) Give the caution
2) Advise the person they are NOT under arrest
3) Advise the person they are NOT obliged to remain with the officer
4) Advised the person they are entitled to free and independent legal advice

Question 9

What happens if the 4 steps of voluntary interview are not performed?

Answer 9

The caution and interview is deemed inadmissible and may be a standards issue

Question 10

If a person being voluntarily interviewed wishes to leave before a constable is finished interviewing, what should be done?

Answer 10

The constable performs a street bail

Question 11

If in the course of a voluntary interview an answer to a question implicates the interviewee as committing a crime, what can be done?

Answer 11

The caution given again

Question 12

What is the first circumstance in which a caution is not required?

Answer 12

When a constable is establishing identity of the person

Question 13

What is the second circumstance in which a caution is not required?

Answer 13

To establish ownership of a vehicle

Question 14

What is the third circumstance in which a caution is not required?

Answer 14

In furtherance of the proper and effective conduct of a search i.e. asking them if they have anything on them that will harm me or you

Question 15

What is the fourth circumstance in which a caution is not required?

Answer 15

When seeking verification of a written record

Question 16

What is the fifth circumstance in which a caution is not required?

Answer 16

When examining a person in accordance with Schedule 7 of the Terrorism Act

Question 17

What is the sixth circumstance in which a caution is not required?

Answer 17

A caution is not needed for any information the interviewee is required to give by law

Question 18

What are the two occasions it is acceptable NOT to caution somebody?

Answer 18

1) if it is impractical to do so by reason of the person’s condition or behaviour (i.e. drunk/violence)
2) The person has already been cautioned prior to arrest - they must be reminded that are under caution here

Question 19

What must not happen after the “Now” caution has been used?

Answer 19

The officer cannot ask any further questions about the offence

Question 20

What is a significant statement?

Answer 20

One which appears capable of being used as evidence (in particular, a direct admission of guilty) OR
a failure or refusal to answer a question or answer it satisfactorily

Question 21

When might a significant statement be made?

Answer 21

At any time, before or after caution

Question 22

How might a significant silence (included as a significant statement) be used in court?

Answer 22

A court can draw adverse inference from significant silences

Question 23

When might a significant silence be made?

Answer 23

ONLY AFTER caution

Question 24

What are the 3 requirements in relation to significant statements before the commencement of any interview?

Answer 24

1) At the beginning of the interview and after caution, the interview will put to the suspect any significant statements/silences made in the presence of police staff
2) They are asked to confirm or deny the pronouncement of these significant statements/silences
3) They are asked if they want to add anything else

Question 25

What is a relevant comment?

Answer 25

An unsolicited comment which falls outside the context of a significant statement but may be relevant to the offence i.e. it wasn’t me

Question 26

What is the nature of a relevant comment?

Answer 26

It does not implicate the individual in an offence

Question 27

What is the restricted caution?

Answer 27

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

Question 28

If the restricted caution is used, what can a court NOT do?

Answer 28

They cannot draw their own inferences on things that are not said/significant silences

Question 29

When is the first instance the restricted caution may be used?

Answer 29

When they have requested legal advice

Question 30

When is the second instance the restricted caution may be used?

Answer 30

When they have not been able to access legal advice

Question 31

When is the third instance the restricted caution may be used?

Answer 31

When they have changed their mind about wanting legal advice

Question 32

How should significant statements be recorded by an officer in a formal statement?

Answer 32

Verbatim, in the exact words spoken by the defendant, without editing or paraphrasing