Talking to Suspects Flashcards
What is the breakdown of the caution in everyday language if the suspect does not understand?
- It is your right to remain silent
- If you choose to not answer my questions, but later give a response in court, an inference may be drawn that you failed to give that account sooner
- Anything you do say may be recorded (BWV, PNB, tape recorded interview)
What is the breakdown of the caution in everyday language if the suspect does not understand?
- It is your right to remain silent
- If you choose to not answer my questions, but later give a response in court, an inference may be drawn that you failed to give that account sooner
- Anything you do say may be recorded (BWV, PNB, tape recorded interview)
When must you give the caution?
- When someone is arrested
- When someone not under arrest is suspected of an offence and you wish to ask them questions about the offence
- When charged
What is a Caution Plus Three?
Also known as a voluntarily interview, it is an alternative option to arresting, they are not under arrest
What three things must be said to someone coming in for a Caution Plus Three?
- You are not under arrest
- You are free to leave if you want
- You are entitled to free legal advice
You must also caution them
What are the two exceptions to cautioning after arrest?
- When it’s impractical to caution because of the suspect’s condition (very drunk, violent etc.)
- The suspect has already been cautioned immediately prior to arrest (Caution Plus Three)
What must you record when you caution someone (usually in your EAB)?
Time of caution and suspect reply
What is a relevant comment?
Anything said by the suspect that points towards their guilt or innocence at any point in the investigation
What is a significant statement?
Statements that appear capable of being used in evidence against a suspect
What is an unsolicited comment?
Unprompted comments made by the suspect
