Cautions

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PACE Act 1984- Codes of Practice

  • These codes provide the rights of individuals and powers of the Police.
  • Deals with the contact between the Police and the public. 
  • Regulates police powers + procedures whilst investigating crimes

Code A- People

Code B- Buildings

Code C- Custody

Code D- Identification

Code E- Audio

Code F- Visual

Code G- Grounds- reasons for arrest. 

Code H- Terrorism

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Code C PACE- Cautions

  • If an officer has grounds to suspect a person has commited an offence, they must be cautioned before they ask any questions in regards to it. This could mean any further questions if the answers provided give the grounds for the suspicion. 
  • the interview is the questioning of a person regarding their involvement or the suspected involvement in a specific criminal offence. 
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WHEN Caution

This caution is used:

  • When interviewing at the start when not under arrest, not at the police station.
  • On arrest or when further arrested (for another offence which has been uncovered)
  • At start of an interview when at the Police Station once they have been arrested.
  • On resumption of a suspended interview. 

The When Caution is as follows:

"You do not have to say anything but it may harm your defence if you do not mention, WHEN questioned, something you later rely on in court, anything you do say may be given in evidence".

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Caution NOT required

There are times where a caution is not required, for example:

  • To establish identity or ownership of any vehicle (pulling someone over)
  • In order to deliver proper and effective conduct of a search. For example to determine a need for a search.
  • To seek verification of a written record. 
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NOW Caution

The second type of caution listed in PACE is the NOW caution. This is used in the following circumstances:

  • there is reasonable belief that there is accurate evidence to convict someone of an offence. 
  • when a detainee is charged with or informed that they may be prosecuted for a specific offence. 

The NOW Caution is as follows:

"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"

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Caution +3

This is used when someone that is not under arrest attends the police station voluntarily for an interview or are being interviewed when not at the police station. They must be told:

  • you are not under arrest
  • you are free to leave
  • you are entitled to free and independent legal advice
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Failure to caution appropriately

If the caution was not able to be given as required, it allows court to decide whether any silences or answers by the suspect are admissable in court. If they are deemed inadmissable, valuable evidence could be discarded from the case. 

Failure to caution when required removes the ability for inferences to be drawn at court. 

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Restricted Caution

Used if someone is arrested and needs to be interviewed but is prevented from having legal advice beforehand 

OR

They have been charged/reported but is then further interviewed about the offence. Or if they make written statement under caution.

The restricted caution is as follows:

"you do not have to say anything but anything you do say may be given in evidence" 

It means that the court cannot draw any inferences

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Unsolicited Comments

Relevant Comments:

- A comment made voluntarily outside of an interview by the suspect that may be relevant to the offence. For example "It wasn't me, you need to speak to Wayne". Can be said directly after/during the arrest.

Significant Statements/Silences:
- One that appears to be capable of being used as evidence against the suspect. For example "she had it coming after what they did to me". This could indicate that they are guilty and they were out for revenge or something like that. 

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Recording Unsolicited Comments

- Must be written word for word

- Must get date and time of comment

- Must offer suspect to read what you have written

If they agree, ask them to approve it as "i agree that is is a record of what was said" and sign.

If they disagree, record the details of the disagreement and ask the suspect to sign to that affect. 

Any refusal to sign must be recorded. 

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