The Bill Wiki
Register
Advertisement

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


"{State name}, I am arresting you 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?”


Examples

There is a second caution, which is coming soon, which is used on all suspects of serious crime eg murder, armed robbery etc
This is an extract from the episode where Police Sergeant Dale 'Smithy' Smith is arrested for the murder of Louise Larson
{Dale Smith}, on {State date of crime} {state location eg street, borough, town etc}.
You did {state crime} {state victims name(if needed)} against the peace and contrary to common law,
you do not have to say anything, but it may harm your defence,
if you do not mention, when questioned, something you later rely on court,
anything you do say may be given in evidence



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

Advertisement