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Anything you do say may be given in evidence. In some circumstances, particularly if a suspect has requested legal advice but has not been allowed the opportunity to consult a solicitor, no adverse inferences may be drawn. [5] In this scenario, the appropriate caution is amended to omit this possibility: You do not have to say anything, but ...
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.
Portrait of English judge Sir Edward Coke. Neither the reasons nor the history behind the right to silence are entirely clear. The Latin brocard nemo tenetur se ipsum accusare ('no man is bound to accuse himself') became a rallying cry for religious and political dissidents who were prosecuted in the Star Chamber and High Commission of 16th-century England.
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 ...
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 ...
The power of arrest is a mandate given by a central authority that allows an individual to remove a criminal's (or suspected criminal's) liberty. The power of arrest can also be used to protect a person, or persons from harm or to protect damage to property.
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 ...
Resisting arrest: Disobeying, using violence against or threatening a person ordering him into arrest; No Yes Two years' imprisonment 28 Resisting arrest Using violence against, or threatening, a person arresting him; Yes Yes Two years' imprisonment 29 Service custody offences Escaping from lawful custody