Friday, 12 July 2013

Take Caution

July 2013

Police interviews - chess with consequences

"Joseph Kotrie-Monson of Mary Monson Solicitors discusses police interviews and the practical effect of the caution

You do not have to say anything unless you wish to do so, but it may be held against you if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence. So goes the caution. They sound like fairly harmless words. Anyone who is arrested or interviewed gets to hear them. Probably most people being arrested are understandably too shocked or dazed for the words to actually go in. But what do they actually mean for a criminal case?

Well the meaning is actually straight-forward.The first part is that you have a right to silence. No-one can force you to speak. (We'll talk about the tactics police or other investigators may use to interfere with that right to silence later). The rule goes, going back a thousand years to Magna Carta, that it's up to the prosecution to prove guilt. You don't have to prove your innocence by providing your story ..."

Cautions are ‘not a soft option’ for criminals, says police chief

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