Tuesday, 13 October 2015

CAREFUL OR CAUTION

CAUTIONS (in the UK)

What are they?
A police caution can sometimes in minor cases be used as a formal alternative to prosecution. Otherwise it is a formal warning to the person that what they have done is wrong and that it breaks the law. Cautions can be given to anyone over the age of 10, because if you are younger then you are still legally classed as your parents responsibility. 
THEY ARE TO MAKE SURE YOU REALIZE YOU HAVE RIGHTS AND KNOW WHAT THEY ARE!(See i'm even putting the important content in bold for you, aren't I nice?) 


Looking legal
Like with many police duties there is a legal act (a law) that covers the cautions that an officer should give. We will focus on just two at the moment. If you are from the USA then I am afraid this wont be of any use to you since cautions are given differently in the UK. However that doesn't mean you have to leave! No you can just look at some fun pictures here and relax for a bit.                                                                    https://www.reddit.com/ 


Now for those in the UK who this does apply to, then the law is the
Police and Criminal Evidence Act 1984 (also known as PACE) in particular we are looking at Code C in the Code of Practice.  <--- the police bible! 


Under Code C, paragraph 10.5 you'll find the first caution which should be given at the start of the investigation. It can be told to a suspect either 

  • when they are not under arrest but suspected for an offence and the police wish to question them on that offence. 
OR
  • when they have just been arrested.

The caution here is:

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

(wow mouthy isn't it? You should see the welsh version!)  

For those who are welsh, here it is:

"“Does dim rhaid i chi ddweud dim byd. Ond gall niweidio eich amddiffyniad os na fyddwch

chi’n sôn, wrth gael eich holi, am rywbeth y byddwch chi’n dibynnu arno nes ymlaen yn y
Llys. Gall unrhyw beth yr ydych yn ei ddweud gael ei roi fel tystiolaeth.”

There is another caution that the police have to remember, (I know as if we haven't got enough to remember!) this one is different to the first by a matter of one word. This other caution should be given towards the end at the point of being reported or being charged. It is here that if the person has any special needs they should say before their court hearing. Under paragraph 16.2 there is the second one:

"You do not have to say anything but it may harm your defense if you do not mention now something which you may later rely on in court. Anything you do say may be given in evidence."

Here's the welsh version:

"‘Does dim rhaid i chi ddweud dim byd. Ond gall niweidio eich amddiffyniad os na
fyddwch chi’n sôn, yn awr, am rywbeth y byddwch chi’n dibynnu arno nes ymlaen yn y
llys. Gall unrhyw beth yr ydych yn ei ddweud gael ei roi fel tystiolaeth"



Remember that cautions are not always required:
  • When making inquiries of people that are not suspected (asking for someone)
  • To establish ownership of a vehicle
  • To confirm a persons identity
  • Due to a persons behaviour/condition at the time (it may be given later)

ALL CAUTIONS MUST HAVE A RECORD OF BEING SAID! YOU ALSO MUST MAKE SURE THEY UNDERSTAND WHAT THAT MEANS. Explain it to them if you need to!!


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