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A police caution as a non-statutory disposal of an offence is quite different from the caution used for the purpose of advising a suspect of their right to silence. [3] The aims of the formal police caution [4] [5] are: to offer a proportionate response to low-level offending where the offender has admitted the offence;
The Judges' Rules, with the inclusion of a caution on arrest of the right to silence, were not taken in by the government until 1978. However the rights were already well established by case law as was the necessity of no adverse comments, the principle being that the defendant does not have to prove his innocence – the burden of proof rests ...
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.
Long title: An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; to amend the law relating to the Police Federations and Police Forces and ...
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 ...
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.
Police Community Support Officers : Common law - to prevent a Breach of the Peace; s24A Police Criminal Evidence Act 1984; Power to detain under Police Reform Act 2002; Immigration Officer (formerly UK Border Agency): s28a Immigration Act 1971; schedule 2, paragraph 17(1) Immigration Act 1971; s23 UK Borders Act 2007; HMRC Criminal ...
The Police Act 1964 (c. 48) was an act of the Parliament of the United Kingdom that updated the legislation governing police forces in England and Wales, constituted new police authorities, gave the Home Secretary new powers to supervise local constabularies, and allowed for the amalgamation of existing forces into more efficient units.