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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 ...
when police have enough evidence to believe the person has committed an offence; when detained, such as for the execution of a statutory or common law power of search or in the execution of drink driving investigations; other situations as dictated by statute or case law. The caution to be given to adults is as follows: [42] [43]
The police may arrest a person according to a warrant issued by a Magistrate under sections 31, 72, 73 or 74 of the Magistrates Ordinance. For example, an arrest warrant may be issued if an accused person does not appear in Court when he is due to answer a charge. However, an arrest warrant is not always necessary.
Police arrested a man in his 40s in connection with the investigation in October 2023, but he was later released. A second man in his 50s has also been interviewed under caution but no further ...
In DPP v Orum [1989] 1 WLR 88, [1988] 3 All ER 449, [1989] 88 Cr App R 261 the Divisional Court confirmed that police officers are not unable to be victims of section 5 of the Public Order Act 1986 caused by swearing and other abusive/threatening behaviour, but this behaviour must be in excess of what the officer is or should be used to.