Jump to content
Account Notice
  • To post a recruitment query in the "Recruitment Areas" or in the "Force Specific Areas" you will require a Recruitment Pass or a Membership Package. Click HERE to read more.
  • Your Account Is Currently Limited
Plod PC999

Caution plus three 'on the street' - code C exemption?

Recommended Posts

Plod PC999

This is about interviewing someone outside of a police station, e.g. for a traffic offence, shoplifting under a value of £100, possession of cannabis – i.e. when you deal with the offence there and then.

The way I’ve always seen this done is that the officer says the caution and then “You’re not under arrest, you’re free to go, and you’re entitled to free and independent legal advice.” Then they start interviewing. That’s also the way I was taught back in training and how our forms for cannabis/traffic are designed (I’m in the Met).

However, I’ve just read Code C of PACE, 10.2, which says (capital letters added by me for emphasis):

“WHENEVER a person not under arrest is initially cautioned, or reminded that they are under caution, that person must at the same time be told they are not under arrest AND MUST BE INFORMED OF THE PROVISIONS OF PARAGRAPHS 3.21 TO 3.21B…”

Paragraphs 3.21 to 3.21B have various requirements that you’d normally do in a “proper” interview at the station – e.g. you must get them to clarify why they don’t want a solicitor, you must give them a written notice of rights (the one they get from custody when arrested), you must tell them they can speak to a solicitor on the phone if they don’t want to in person, etc, etc.

I’ve never seen any of this done. It's always the minimum caution plus three and then straight into the interview. 

So my question is, why don’t I have to give them all the requirements of 3.21 to 3.21B if the interview is on the street? (I’m assuming it’s in PACE somewhere.) I’ve asked various colleagues but no luck.

Thanks!

 

Code C is at

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/729842/pace-code-c-2018.pdf

Share this post


Link to post
Share on other sites


Chief Cheetah

Legal Disclaimer

This area of the forum is intended for members to seek advice on Law and Police Procedures applicable to England & Wales. Just like you would pop into your local police station to should the need arise. Any advice on a specific area of law is from either currently-serving UK police officers, and is offered to the best of their ability, or from members of the public who are perhaps aspiring to be serving police officers and may not hold the necessary level of knowledge to provide such assistance or by any other member who may offer their opinion. Either way such advice can only be treated as an opinion and nothing more.

Members should look for the Verified Members Badge that appears on the posters name as advice from members holding this badge are verified police employees. The information is based on their own individual experiences, expertise and training. It is stressed, however, that if any information or advice found in these forums is used by any person or organisation, then the respective police officer(s) and staff can not and will not take any responsibility for any outcome in any investigation in a criminal or civil enquiry. Any advice or opinion offered is to the best of the individuals knowledge and ability based on the information you have supplied, and we will stress that we will never be knowingly misleading or untruthful in content.

  • Please note, we do not offer advice or assistance in order to avoid penalties that you have incurred or maybe pending.
  • Such requests are deemed to be of an Operational nature and against our main Forum Rules.
  • You should always seek Legal Advice from a Qualified Solicitor in the event of any impending prosecutions or other involved legal matter.

Police Community Team

Share this post


Link to post
Share on other sites
Member Achievements

Sceptre

To my knowledge there is no exemption. Section 3.21 of Code C has been substantially re-written in the 2018 revision, and now appears to require these things be done in every instance.

Share this post


Link to post
Share on other sites
Member Achievements

Radman
3 hours ago, Sceptre said:

To my knowledge there is no exemption. Section 3.21 of Code C has been substantially re-written in the 2018 revision, and now appears to require these things be done in every instance.

Realistically we've been advised in BTP to carry on as normal documenting reasons as to why we haven't audio recorded and pointing out to the person being interviewed that they are 'happy' with the interview continuing 'Caution+4' effectively.

Realistically lots of non-police organisations will carry on as normal interviewing and reporting contemporaneously such as Revenue Inspectors, Environmental Wardens, Trading Standards etc.

Edited by Radman

Share this post


Link to post
Share on other sites
Member Achievements


Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

About us

Police Community was originally founded in 2014 by two serving Police Officers.

In 2016 it was incorporated as a limited company called RAW Digital Media Limited and then purchased 3 other forums; Police Specials, UK Police Online and Police UK to form the largest policing discussion forum network in the UK.

Get in touch

  • 20-22 Wenlock Road, London N1 7GU
  • contact@rawdigitalmedia.co.uk
  • 0844 357 0111
  • Forums In Our Group - Police.Community - UKPoliceOnline.CO.UK - PoliceSpecials.COM - PoliceUK.COM

Twitter

Facebook

    Meet The Team

  • Chief Bakes
    Chief Bakes Management
  • Chief Rat
    Chief Rat Management
  • Chief Cheetah
    Chief Cheetah Management
  • Rocket
    Rocket Global Moderators
  • David
    David Global Moderators
  • Fedster
    Fedster Global Moderators
  • Devil
    Devil Global Moderators
  • MindTheGap
    MindTheGap Global Moderators
  • blakey
    blakey Global Moderators
  • Techie1
    Techie1 Global Moderators
  • Sir Penguin
    Sir Penguin Global Moderators
  • PCW
    PCW Global Moderators
  • Hoofing
    Hoofing Global Moderators
  • XA84
    XA84 Global Moderators
  • Remmy
    Remmy Global Moderators
  • job_done
    job_done Global Moderators
  • Sapor62
    Sapor62 Global Moderators
×