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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]
Case law may go further and revolve around the prevention of violence. In considering another section 5 case, Lord Justice Auld quoted Redmond-Bate v DPP (a case involving breach of the peace), "Free speech includes not only the inoffensive, but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative ...
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.
] 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.
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.
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.
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