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Cautions and Significant Statements (When to use a caution (Not requird,…
Cautions and Significant Statements
When to use a caution
Arrest
Charged
Informing of prosecution
After an accident
Out of Court Disposals
Not requird
To establish names
TO establish ownership
Information relevant to statutory requirement
Verification of written record
Stop search
Assist in search
Restricted Caution
Police
station
Interviewed before solicitor is present
Speedy caution - Danger to life, find items or prevent injury
Caution +3
1-not under arrest- VA
2 - Free to leave
3 - Entitled to:
Free/independent legal advice
Not obliged to remain but may be arrested if they do.
Prior to this interview you will have been told about the nature of the offence for which we need to speak to you. You are not under arrest and you are not obliged to remain with me, However I have a responsibility to investigate this offence fully. If you do not allow me the opportunity to put my questions to you then I may need to arrest you, If you remain, you are entitled to ontain free and independent legal advice ig you want to at any time. This includes the right to speak with a solicitor on the phone. Do you want to do so?
Recording
PNB
Time caution is given
Record reply's verbatim
Record reminder of caution
Significant statements
Unsolicited Comments
Not an admission of guilt
May be relevant to case
Silence
Failure / refusal to answer under caution
Unsatisfactory answer
Statements
Could be used as evidence when under caution
Direct admission of guilt