by Running, Fall Up on September 2nd, 2009

Running, Fall Up

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When a British cop makes an arrest, what rights do they read them and what is said while doing so?

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Answers. 3 helpful answers below.

  • by Brian I on September 3rd, 2009

    Brian I

    When there are grounds to suspect that a person has committed an offence, you must caution them before any questions about it are put to them to ensure that the answers (or any failure to answer) are capable of being admissible in evidence in a prosecution.

    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."

    http://www.hse.gov.uk/enforce/enforcementguide/investigation/witness/questioning.htm#P15_2445

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  • by Im Alec has abandoned this account on September 2nd, 2009

    Im Alec has abandoned this account

    There is not an exact form of words required. The arrested person must be clearly told that they are under arrest and the suspected crime for which they are being arrested, that they do not have to make any statement at that time, but that failure to provide relevant information may be taken into account at any future trial.

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  • by Im Alec has abandoned this account on September 4th, 2009

    Im Alec has abandoned this account

    Brian is quite right. I was saying what the law formally demands. Brian was explaining what every British policemen is required to do under rules which, while not formally law, are for police purposes treated as if they were.

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