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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 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.
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 ...
A YouGov poll of 2070 people conducted over 7-8 August 2024 found partisan differences in beliefs in police bias, with voters of Reform UK and the Conservative Party more likely to believe that the police were more lenient towards Muslims, black people, the far left and climate activists. Labour and Liberal Democrat voters were more likely to ...
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 ...
In 2006, 21-year old Sam Brown from Belfast was arrested for walking up to police while inebriated and asking "Excuse me, do you realise your horse is gay?" The police argued that these were homophobic remarks and tried to charge him under section 5 of the Public Order Act 1986. The charges were later dropped. [169] [170]
Arresting a person 'unlawfully at large', who is liable to be detained in prison, young offender institution, secure training centre or college or arresting a child or young person guilty of 'grave crimes' (s260 Sentencing Code) Arresting (e.g. recapturing) a person unlawfully at large (e.g. escaped from lawful custody) Saving life or limb