When must a person be cautioned prior to arrest (2):
Grounds to suspect an offence
Intend to ask questions regarding the offence
Caution +3 =
So you CAUTION them +3 other things:
1- not under arrest
2- free to leave
3- entitled to free independent legal advice
3 different cautions:
When questioned
Now
Restricted
Caution not required when:
Establishing ID
Establishing vehicle ownership
Obtaining INFO required by law (I.e. drivers obligations - reg. who drives, etc.)
Furtherance of a proper and effective search
Seeking verification of a written record (signing police notes)