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Before the Act, the caution issued by the police varied from force to force, but was along the lines of: [4] You do not have to say anything unless you wish to do so, but anything you do say will be taken down and may be given in evidence. This is similar to the right to silence clause in the Miranda Warning in the US. [4]
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
A Constable may also (unless the arrest was at a police station) search an arrested person for anything which he might use to assist him to escape from lawful custody, or which might be evidence relating to an offence. [20] This power is given to both Constables and PCSOs by Section 32 of the Police and Criminal Evidence act 1984.
Clause (c) allows for a defence on the grounds of reasonable behaviour. This interpretation will depend upon case law. In Dehal v Crown Prosecution Service, Mr Justice Moses ruled that in cases involving freedom of expression, prosecution is unlawful unless it is necessary to prevent public disorder: "a criminal prosecution was unlawful as a result of section 3 of the Human Rights Act and ...
West Mercia Police, which serves Herefordshire, Worcestershire and Shropshire, said a genuine officer would never ask someone to make a payment, withdraw or transfer money, or share bank details.
A police officer arresting suspected gang members in Los Angeles, United States. Based on the U.S. Supreme Court ruling in Miranda v. Arizona, after making an arrest, the police must inform the detainee of the Fifth Amendment and Sixth Amendment rights for statements made during questioning to be admissible as evidence against the detainee in ...
In Sweden, any person may arrest someone in the act of committing a crime, or fleeing from the crime scene, if the crime committed is punishable by imprisonment. A person wanted by the police, for whom there is an arrest warrant, can be arrested by anyone at any time. After the arrest, the police must be contacted as soon as possible. [71]
An off-duty police officer raped a woman at his home after meeting her through a dating website, a court has heard. Exeter Crown Court heard Stuart Mines, 49, had non-consensual intercourse with a ...