What is the standard police 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.
When must a suspect be cautioned?
As soon as there are grounds to suspect them of an offence and before any questions about the offence are asked.
What is the purpose of a caution?
To ensure that any statement made by a suspect is admissible in court and given voluntarily.
Under what PACE Code is the caution found?
PACE Code C (Detention, Treatment and Questioning).
What happens if an officer fails to give a caution when required?
Any statements made may be ruled inadmissible in court under Section 76 or 78 PACE.
What is the arrest process (in order)?
- Identify yourself as a police officer
- Inform the person they are under arrest
- Explain the grounds and reason
- Deliver the caution
- State it is necessary (Code G)
- Ensure understanding
- Apply restraints if required
State it is necessary (Code G)
What is a lawful arrest under PACE based on?
Reasonable suspicion + necessity
What Code requires an arresting officer to record the circumstances of arrest?
Code G (Powers of Arrest).
What must be recorded after an arrest?
• Time and place of arrest
• Grounds and reasons
• Officer details
• Any property seized
What is a “voluntary interview”?
An interview where the person attends freely and is not under arrest, but they must still be cautioned.
Who ensures compliance with procedures in custody?
The Custody Officer, under Section 36 PACE.
