State the caution word-for-word

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 3 things does the caution communicate?

The right to silence, the risk of an adverse inference if silent then later relying on an undisclosed fact, and that anything said can be used in evidence

What is an "adverse inference," and under what Act?

Criminal Justice and Public Order Act 1994 — a court/jury may draw a negative conclusion from a suspect's silence when questioned if they later rely on a fact not mentioned

When is the caution NOT required?

For general/preliminary questions to establish identity or establish whether an offence has taken place, not for the purpose of obtaining evidence

What is a "significant statement" and why does it matter?

Anything said by a suspect that might be used as evidence, which must be put to them at the start of interview so they can confirm or deny it

Who can act as an appropriate adult?

A parent/guardian, a social worker, or another responsible adult who is not a police officer or otherwise involved in the case

What must happen before any interview under caution begins?

The suspect must be reminded of their right to free legal advice

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PACE

The caution

Question	Answer
State the caution word-for-word	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 3 things does the caution communicate?	The right to silence, the risk of an adverse inference if silent then later relying on an undisclosed fact, and that anything said can be used in evidence
What is an "adverse inference," and under what Act?	Criminal Justice and Public Order Act 1994 — a court/jury may draw a negative conclusion from a suspect's silence when questioned if they later rely on a fact not mentioned
When is the caution NOT required?	For general/preliminary questions to establish identity or establish whether an offence has taken place, not for the purpose of obtaining evidence
What is a "significant statement" and why does it matter?	Anything said by a suspect that might be used as evidence, which must be put to them at the start of interview so they can confirm or deny it
Who must be present for the interview of a juvenile or vulnerable adult?	An appropriate adult
Who can act as an appropriate adult?	A parent/guardian, a social worker, or another responsible adult who is not a police officer or otherwise involved in the case
What must happen before any interview under caution begins?	The suspect must be reminded of their right to free legal advice

Created by: UPJP

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