The Bill Wiki
(→‎Examples: Changed to Charge Caution, corrected (someone had entered incorrect information).)
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''Do you understand this part?”''
 
''Do you understand this part?”''
   
=== Examples ===
+
=== Charge Caution ===
:The charge caution, used when a person has evidence that proves their guilt and and the CPS wish to proceed is as follows:
+
:The charge caution, used when a person has evidence that proves their guilt and the CPS wish to proceed is as follows:
   
::'''''{Name}, on {State date of crime} {state location eg street, borough, town} belonging to {state owner of property}'''''.
+
::'''''{Name}, on {State date of crime} {state location eg street, borough, town} belonging to {state owner of property}.'''''
 
::'''''You did {state crime} {state victims name(if needed)} against the peace and contrary to {state law/statute OR common law [murder ect.]}'''''
 
::'''''You did {state crime} {state victims name(if needed)} against the peace and contrary to {state law/statute OR common law [murder ect.]}'''''
::'''''you do not have to say anything, but it may harm your defence '''''if you do not mention, when questioned, something which you may later rely on court,''''''''''
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::''''''''you do not have to say anything, but it may harm your defence '''if you do not mention, when questioned, something which you may later rely on court.'''''
::'''''anything you do say may be given in evidence. Do you understand the charge?'''''
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::'''''Anything you do say may be given in evidence. Do you understand the charge?'''''
   
<br /><br />
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'''''<br /><br />'''''
   
 
== 1980s Caution ==
 
== 1980s Caution ==

Revision as of 17:13, 17 April 2010

The 'Notice to Detained Persons' (NDP), the English police caution administered to suspects at the moment of arrest.


"{State name}, I am arresting you for (or on suspicion of) {State charge},

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."

[1][2]

Make sure that what was said has been understood!
If they don't understand you need to explain it to them in simple terms.



The caution is made up of three parts:

The first part is

“YOU DO NOT HAVE TO SAY ANYTHING”

This means that even though I will be asking you questions, you don't have to answer them.
Do you understand this part?


The second part is


“BUT IT MAY HARM YOUR DEFENCE IF YOU DO NOT MENTION
WHEN QUESTIONED SOMETHING WHICH YOU LATER RELY ON IN COURT”

This means that if this case goes to court and you tell the court something that you did not tell me during this interview that you could have told me, then the court can draw its own conclusions from you doing this.
Do you understand this part?

The third and final part is


“ANYTHING YOU DO SAY MAY BE GIVEN IN EVIDENCE”

This means that if this case goes to court, the court can be told about anything you say during this interview.
Do you understand this part?”

Charge Caution

The charge caution, used when a person has evidence that proves their guilt and the CPS wish to proceed is as follows:
{Name}, on {State date of crime} {state location eg street, borough, town} belonging to {state owner of property}.
You did {state crime} {state victims name(if needed)} against the peace and contrary to {state law/statute OR common law [murder ect.]}
'''you do not have to say anything, but it may harm your defence if you do not mention, when questioned, something which you may later rely on court.
Anything you do say may be given in evidence. Do you understand the charge?



1980s Caution

(To be confirmed)

"You do not have to say anything

But it may harm your defence now if you do not mention,
now anything you later rely on in court.

Anything you do say will be written down
and may be used in evidence."




References