What is the ‘when questioned’ caution?
You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
What do you need to check they understand after saying the caution?
CJPOA Section 34 allows courts to draw an adverse inference when the suspect is silent, or doesn’t mention something at this point in time that they later rely on in court.
What is the ‘now’ caution?
You do not have to say anything. But, it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence.
When would you use the ‘now’ question? And when would you use the ‘when questioned’ caution?
The ‘now’ caution is used when charging or reporting, e.g. at road traffic incidents. The ‘when questioned’ caution is used prior to interviews or before questioning and arrests.
When do you not need to caution somebody?
- To establish identity
- To establish ownership of a vehicle
- Information of required by law (breathalyse or insurance paperwork etc.)
- Furtherance of a proper and effective search (do you have any sharp objects? Is anyone in the loft before I search it?)
- Seeking verification of a written document (can you sign this please?)
What is the ‘restricted’ caution?
You do not have to say anything, but anything you do say may be given as evidence.
What are the three types of caution?
- When Questioned
- Now
- Restricted
What is the caution +3 and when is it used?
Normal caution
+ You are not under arrest
+ You are free to leave at any time
+ You have the right to free independent legal advice
Used in voluntary interviews at home or in a police station.
What is a Significant Statement?
One that is capable of being used in evidence in court. This could include direct admission of guilt, but also silences, e.g. refusal to answer a question.
What is an unsolicited comment?
A comment made by a suspect without being cautioned or asked any questions. Out of the blue.
What code of PACE relates to necessities for arrest?
Code G
What legislation gives the police powers of arrest?
Section 24 of PACE
What two things do you have to consider before making an arrest?
That a person is suspected of involvement, and that you believe the arrest is necessary to gain further information.
Arrests can be made if there is reasonable grounds to suspect that….
- A person IS committing an offence
- A person HAS committed an offence
- A person IS ABOUT TO committ an offence
- Double Sus
What does double suspicion mean?
Where you are suspicious that both crime has been committed and that a suspect has committed a crime. E.g. glass smash, man runs away from area.
What is the acronym for Necessity?
IDCOPPLAN
IDCOPPLAN
Investigation
Disappearance
Child or Vulnerable
Obstruction
Physical Injury
Public Decency
Loss
Address
Name
Reasons for Prompt and Effective Investigation
- Unlikely to attend voluntary interview.
- Further questioning required.
- Special warning
- They have made false statements
- Steal/Destroy evidence
- Collude with others
- Make contact with witnesses
What type of offences can a citizen perform a citizens arrest for?
Indictable offences, if they are committing or have committed one.
What reasonable grounds do citizens need for a citizens arrest?
- To prevent injury to self or others.
- To prevent loss or damage to property.
- To prevent suspect running off.
What must be said during an arrest and what section is that of PACE?
PACE Section 28
- Under arrest
- Caution
- Grounds
- Necessity for arrests
Which legislation gives officers the use of ‘reasonable force’?
Section 117 PACE
Section 3 Criminal Law Act 1967
Common Law
What section is Post Arrest (person) Search?
Section 32(a) PACE
What section is Post Arrest (Premises) search?
Section 32(b) PACE
