What is a written statement under caution?
What is a written statement under caution?
A written statement under caution should normally be taken only at the express wish of a suspect. You may, however, ask if the person wants to make a written statement. 34. Written statements under caution should be made on form LP77. These statements should only be made in person and not in correspondence.
What is the wording of a Police caution?
The caution’s wordings is as follows: 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 is caution statement?
“You are not obliged to say anything unless you wish to do so, but anything you say will be taken down in writing and may be given in evidence.” These words are known as the caution. It means that you must be informed that there is no legal obligation on you to say anything or to make a statement.
What happens after you have been questioned by the Police under caution?
Following your interview under caution, you will be free to leave. Sometimes the officer will be able to tell you straight away what is going to happen. Usually, the Police or the Crown Prosecution Service (CPS) will have to consider the case and then decide how to proceed.
What happens if I refuse to accept a police caution?
It is not therefore sound advice to always advise someone to never accept a police caution if it is offered. Refusing a police caution where the evidence is strong, is likely to result in a prosecution, and ultimately a conviction and criminal record.
Can police ask leading questions?
The rule against asking leading questions is really a rule against illegitimate prompting of a witness. For instance, what questions the prosecutor has to ask before police officers are allowed to ‘refer to’ (in practice, ‘read aloud from’) their notebooks when giving evidence.
Is a police caution the same as a warning?
There is no difference between a caution and a warning. A caution can be given to anyone over 10 years old for a minor offence such as graffiti.
How serious is a police caution?
Whilst cautions are considered to be ‘less serious’ than convictions, a caution can have potentially serious implications for the person who accepts it, and we are frequently contacted by people who are surprised at the implications of accepting a caution which they had believed to be simply ‘a slap on the wrist’.
Can police make you give a statement?
Whilst there is no legal requirement to give a witness statement to the police there is a moral duty on each of us to help the police with their enquiries. For many, the prospect of giving a statement and appearing in court is frightening for reasons such as fear of reprisals and nervousness about going to court.
How long does a police caution stay on record?
six years
Caution. If you admit an offence, the police can give you a caution. A caution is not a conviction. A caution is a warning which stays on your record for six years if you’re an adult, or two years if you’re under 18.
Do I need a solicitor for an interview under caution?
You should always have a solicitor present in an interview under caution. The solicitor is your representative and is there to safeguard your interests. He or she will discuss the case with you, analyse the disclosure given by the investigators and ask you about your potential responses.
Should I accept a police caution?
You do not have to accept a caution! A caution is a possible outcome of an arrest, which you may be offered instead of being charged. The police make cautions sound less serious, but they are an admission of guilt, and will still go on your record.
What does a police interview under caution mean?
A police interview under caution is an interview by the police that is undertaken as a part of a criminal investigation.
What should be included in a written Caution?
The written statement caution should be included in the conversation leading up to the accused making a written statement. The following written statement caution should be used: “I have been advised by: (Investigator) that I am not obliged to say anything, but anything I do say may be given in evidence.
Can a police officer read you a caution?
Before interviewing you, the interviewing officer should read you the caution, which is a warning that you are not obliged to answer the police’s questions, and that you are entitled to exercise your right to remain silent, however it may harm your defence if you fail to mention something in the interview, that you later seek to rely upon in court.
Can a person still be charged under caution?
However, you may still be charged in due course. Due in a large part to a squeeze on resources, it’s increasingly common for the police to request that you attend an interview under caution at a pre-arranged time.
