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Understanding "when" and "now" caution


ted123
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There are two cautions you will need to understand and you will read these to your suspect when it is appropriate to do so.

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.

You will use the "when" caution to explain that remaining silent will not interfere with the prosecution. You will also use it at the start of the interview to explain that if they don't use a defence, then it will reflect badly on them in court.

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

The "now" caution is used when reporting people for offences and explains the individual concerned that this is their last chance to give a defence to the police.

If anyone has anything to add, please comment.

Edited by ted123
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And for when a suspect needs to be questioned but there legal rep isn't available?

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  • 6 months later...

I'd imagine he/she is referring to a post charge interview caution.

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