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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]
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.
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 ...
] As of 2017, it was estimated that nine people per day were being arrested for online speech within the UK, with five leading to convictions. [ 114 ] [ 115 ] In February 2021 a Scottish man from Lanark was arrested and subsequently convicted for an ''offensive tweet'' insulting (deceased) World War 2 veteran Thomas Moore , which read: “The ...
Police officers cannot detain someone on the street just because that person acts furtively to avoid contact with them, the California Supreme Court ruled Thursday.
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 ...
Similar to this is the phrase "disturbing the police", a play on "disturbing the peace". It has also been referred to as "flunking the attitude test". [26] In some areas it is called P.O.P. (for "Pissing Off the Police") when a suspect's demeanor influences officer's response to people.
A police caution is a formal alternative to prosecution in minor cases, administered by the police in England and Wales. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution. [ 1 ]