The Police Caution — Wording, When & Why
The standard PACE Code C / Code G caution. Must be given on arrest, before any questioning about an offence, and on charge. Wrong words or wrong moment can render admissions inadmissible at court.
The steps
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Standard caution (arrest & interview)
"You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence." (PACE Code C 10.5)
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When to give it — on arrest
Immediately on arrest, after telling the person they are under arrest, the offence and the necessity (Code G). Repeat at the start of any interview, and after any break.
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When to give it — questioning short of arrest
Before asking any question(s) about suspected involvement in an offence whose answers may be used in evidence (Code C 10.1). Includes questioning at scene, in a vehicle, or at the roadside.
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When to give it — on charge
Charging caution: "You do not have to say anything. But it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence." (Code C 16.2)
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Restricted caution (no adverse inference)
"You do not have to say anything, but anything you do say may be given in evidence." Use where adverse inference is unavailable — e.g. solicitor not yet provided when one was requested, or interviewing a juvenile/vulnerable adult without an appropriate adult.
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Traffic stops — requiring driver details (s.163 / s.172 RTA 1988)
No caution needed when simply requiring a driver to stop (s.163), or requiring the registered keeper / driver to identify the driver under s.172 RTA 1988 — answers are compelled by statute, not voluntary admissions. The s.172 reply is admissible but is NOT obtained under caution.
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Traffic stops — when the caution IS required
Caution BEFORE asking any question that could elicit an admission of an offence (e.g. "Have you been drinking?", "Did you see the red light?", "Why were you doing 50?"). Also caution before requiring a roadside breath/drug test if you intend to question about the driving.
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Roadside breath test (s.6 RTA)
The requirement itself is statutory — no caution needed to make the requirement. But caution before any questions about consumption, driving, or the offence. Caution again on arrest under s.6D following a positive/refusal.
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Reply after caution
Record the caution given (verbatim), the time, location and the suspect's reply word-for-word in your PNB / BWV / e-PNB — including "no reply" or silence. Read it back and invite the person to sign.
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If they don't understand
Explain in your own words — Code C Note 10D: "You do not have to say anything, but if there is any fact which you later rely on in court, it may harm your defence if you don't mention it now. What you do say may be given in evidence." Confirm understanding before continuing.
Watch outs
- Wrong wording, or no caution where one was required, can lead to exclusion under PACE s.78.
- Caution must be repeated after any significant break in questioning (Code C 10.8).
- Special warnings (Code C 10.11 / CJPOA s.36 & s.37) are SEPARATE from the caution — give them in addition where the suspect fails to account for objects, marks, substances or presence at a scene.
- Juveniles (under 18) and vulnerable adults must be cautioned in the presence of an appropriate adult before any interview.
- A s.172 RTA reply is NOT a cautioned admission — do not confuse the two on your statement.