Significant Statements Flashcards
Which extract of legislation gives guidance over the taking of significant statements?
Police and Criminal Evidence Act 1984, Code C 11.4
What are the 2 types of caution?
The “When” caution
The “Now” caution
When should the “When” caution be given?
Must we cautioned before asking questions - “When” I want to ask questions
When should the “Now” caution be given?
Right at the end of process of questioning and collection of evidence or when a summons is given - “Now” that I’ve finished
On what occasions should the cautions be given?
1) When arresting a person
2) When questioning somebody you do not need to arrest
What are questions asked by an officer to a person outside of an arrest called?
A voluntary interview
What must the nature of questions be for us to be required to caution?
Questions which allowed the interviewee to implicate themselves
What 4 steps MUST be performed for a voluntary interview (questioning without arrest)?
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
What happens if the 4 steps of voluntary interview are not performed?
The caution and interview is deemed inadmissible and may be a standards issue
If a person being voluntarily interviewed wishes to leave before a constable is finished interviewing, what should be done?
The constable performs a street bail
If in the course of a voluntary interview an answer to a question implicates the interviewee as committing a crime, what can be done?
The caution given again
What is the first circumstance in which a caution is not required?
When a constable is establishing identity of the person
What is the second circumstance in which a caution is not required?
To establish ownership of a vehicle
What is the third circumstance in which a caution is not required?
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
What is the fourth circumstance in which a caution is not required?
When seeking verification of a written record
What is the fifth circumstance in which a caution is not required?
When examining a person in accordance with Schedule 7 of the Terrorism Act
What is the sixth circumstance in which a caution is not required?
A caution is not needed for any information the interviewee is required to give by law
What are the two occasions it is acceptable NOT to caution somebody?
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
What must not happen after the “Now” caution has been used?
The officer cannot ask any further questions about the offence
What is a significant statement?
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
When might a significant statement be made?
At any time, before or after caution
How might a significant silence (included as a significant statement) be used in court?
A court can draw adverse inference from significant silences
When might a significant silence be made?
ONLY AFTER caution
What are the 3 requirements in relation to significant statements before the commencement of any interview?
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
What is a relevant comment?
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
What is the nature of a relevant comment?
It does not implicate the individual in an offence
What is the restricted caution?
You do not have to say anything but anything you do say may be given in evidence
If the restricted caution is used, what can a court NOT do?
They cannot draw their own inferences on things that are not said/significant silences
When is the first instance the restricted caution may be used?
When they have requested legal advice
When is the second instance the restricted caution may be used?
When they have not been able to access legal advice
When is the third instance the restricted caution may be used?
When they have changed their mind about wanting legal advice
How should significant statements be recorded by an officer in a formal statement?
Verbatim, in the exact words spoken by the defendant, without editing or paraphrasing
