| Pages in topic: < [1 2] | Police caution sentence. Is this correct? Thread poster: Rad Graban (X)
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Russell Jones 
United Kingdom
Local time: 17:54
Italian to English
I am not a lawyer but, as a UK resident, I have always taken "remind" here to reflect the fact that ignorance of the law is no defence and therefore that everyone is assumed to know the implications of an arrest.
| | | | Tatty
Local time: 18:54
Spanish to English
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The police officer by law must read the caution to you, otherwise it is an unlawful arrest. You are not expected to know the caution or its implications prior to being cautioned. If you are arrested you will be informed of many more rights you have.
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Russell Jones wrote:
I am not a lawyer but, as a UK resident, I have always taken "remind" here to reflect the fact that ignorance of the law is no defence and therefore that everyone is assumed to know the implications of an arrest.
No, it really is a reminder. When arrested, the suspect is told 'I must caution you that you are under arrest........then the 'you do not have to say anything' etc. bit. This caution is therefore still valid when the suspect undergoes questioning, which often takes place some hours later, hence the reminder, as we all wait for some unfortunate junior legal exec to turn up from another station twenty miles away, or, as often happens, the suspect returns to a fit state for questioning having enjoyed a drink or chemical enhancer or two. In this case, they don't just need to be reminded they are still under caution, but also of who they are.
| | | | juvera
Local time: 17:54
English to Hungarian
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| Caution, reminder | Oct 10, 2009 |
Rad Graban wrote:
"I must remind you that you are under caution, an as such, you do not have to say anything, but it may harm your defence if you fail to mention when questioned, something which you later rely on in court. Anything you do say may be given in evidence. Do you understand?"
I am confused how can be a person under caution before the whole caution is read out and the person says that s/he understands? It probably does make a perfect sense to native speakers, so can anyone, please explain it to me or rephrase it?
As Susanna says, your text is a reminder of the caution. By then the caution was given once already to the detainee - or should have been given.
But, it should say:
"I must remind you that you are STILL under caution...."
The Caution Proper starts like that:
"You do not have to say anything. But it may harm your defence if you do not mention...."
It is also worth mentioning that accoding to the Police Codes of Practice:
"Minor deviations from the words of any caution given in accordance with this Code do not constitute a breach of this Code, provided the sense of the relevant caution is preserved." (C10.7) Note 10D: "If it appears a person does not understand the caution, the person giving it should explain it in their own words."
The Codes contain the key areas of police procedure, and there are instructions for various situations, for example when the caution has to be given and re-applied (reminder), and on the restriction on drawing adverse interferences from silence and terms of the caution when the restriction applies.
All I can say from interpreting experiences that sometimes - for various reasons - it is wise to remain silent, and after consultation with his client a decent solicitor should be able to advise which option to choose.
[Edited at 2009-10-10 17:22 GMT]
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