What is the caution statement?

What is the caution statement?

‘ Once such a warning is given by the police, whatever a suspect may say, compiled in a statement, can be admitted in court as evidence. That statement that the suspect gives is called a ‘cautioned statement’. If it contains a confession of the crime, the cautioned statement takes the quality of being ‘an admission’.

What is a written police caution?

Purpose. A police caution (since 2005 more properly known as a simple caution) is a formal warning given by the police to anyone aged 10 years or over who has admitted that they are guilty of a minor crime. A person may refuse to admit guilt and not accept a caution, but can then be subject to criminal prosecution.

What is the police now caution?

The caution must be in the following terms: “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.”

How many words are in a police caution?

Michael Howard, the Home Secretary, conceded yesterday that the much-criticised new draft police caution can be cut from 60 words to 37 without changing the meaning.

Is a police warning the same as a caution?

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.

Is a police caution verbal or written?

The police can also sometimes give informal warnings, which effectively amount to a verbal ticking off. The officers may take a note of your name, which can be stored on their local records, but it will not create a record on the PNC.

Do you get a letter for a police caution?

A simple caution is a formal notice, issued by a police officer, once you’ve admitted an offence. A conditional caution is similar but means that you’ll have to agree to stick to certain conditions, for example paying compensation to a victim or issuing an apology.

What is a police caution +3?

Although under a Caution Plus 3 a person is entitled to leave at any time, voluntary attendance can be helpful to any investigation and it is important to ensure legal advice is sought. Voluntary attendance at a police station is more commonly referred to as a “Caution Plus 3”.

Can you say no to a caution?

Yes. A caution will be recorded against you on the police national computer. It is not a criminal conviction so if you are asked whether you have any convictions (assuming you only have a caution) you can quite properly say no. In some cases, a caution can be used against you as evidence of bad character.

How do you know if you have a police caution?

If you have been cautioned for a recordable offence then it will be recorded on the Police National Computer and will form part of your criminal record. You can find out what’s been recorded about you on the PNC by applying for a copy of your police records. This process is known as a Subject Access Request (SAR).

What does it mean to be cautioned by the police?

The police do not need to make an arrest in order to caution someone, often people will be interviewed by the police as “volunteers” and will not be placed under arrest. Prior to the commencement of an interview a suspect will be “cautioned”, namely read their rights. The caution’s wordings is as follows: You do not have to say anything.

What are police cautions warnings and penalty notices?

Police cautions, warnings and penalty notices. The police or Crown Prosecution Service can give you a caution (warning) or a penalty notice if you commit a minor crime. The rules are different in Scotland. Cautions are given to anyone aged 10 or over for minor crimes – for example writing graffiti on a bus shelter.

When can a caution be used as evidence?

Anything you do say may be given in evidence”. No matter where you are arrested be that in the street or at work, the police must caution you. Given the nature of the caution, it applies when the police want to question a suspect and not simply (for example) to conduct a stop and search.

When to use a police caution in England and Wales?

For the statement of rights read before an arrest, see Right to silence. A police caution is a formal alternative to prosecution in minor cases, administered by the police in England and Wales. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution.