ChatterBank4 mins ago
Under police caution for a vehicle defect??
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i was pulled over last night and told i had a defective headlight. i was asked to go into the back of the police car to sort out some details. as i have never been pulled over before i was very frightened and now i can't really remember what was said!! i do remember him saying something about arrest and caution, and him saying the "you do not have to say anything but anything you do say may be given in evidence" speech, and i was given a vehicle defect form to recify the fault (which i have now done and sent off) he then let me go. now obviously none of you were there so you can't really tell me what happened, but i do know that i was not arrested as they would have taken me to the station, but its the caution bit im confused about. was i given a police caution? i didn't sign anything other than the vehicle defect check form, or was i just under caution when he was dealing with me? i have no idea if i've now got a police caution or they just let me off!!!
can anyone tell me the ins and outs of what just happened???
can anyone tell me the ins and outs of what just happened???
Answers
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Judges' Rules 1912:
"You do not have to say anything, but anything you do say will be taken down in writing and may be used in evidence against you."
Judge's Rules 1964:
"You do not have to say anything, but anything you do say may be given in evidence."
Police and Criminal Evidence Act 1984:
"You do not have to say anything unless you wish to do so, but what you say may be given in evidence."
Criminal Justice and Public Order Act 1994:
"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."
This is known as the "when" caution - used at time of arrest, before interview.
There is also the "now" caution - ("now" is substituted for "when questioned") - used when issuing FPN, HO/RT1 and VDRS, e.g. dealing with an absolute offence where questioning is hardly necessary (the headlamp was not working - what would the PC need to ask to prove the offence?)
"You do not have to say anything, but anything you do say will be taken down in writing and may be used in evidence against you."
Judge's Rules 1964:
"You do not have to say anything, but anything you do say may be given in evidence."
Police and Criminal Evidence Act 1984:
"You do not have to say anything unless you wish to do so, but what you say may be given in evidence."
Criminal Justice and Public Order Act 1994:
"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."
This is known as the "when" caution - used at time of arrest, before interview.
There is also the "now" caution - ("now" is substituted for "when questioned") - used when issuing FPN, HO/RT1 and VDRS, e.g. dealing with an absolute offence where questioning is hardly necessary (the headlamp was not working - what would the PC need to ask to prove the offence?)
they've simplified the caution now elvis, it used to be about 50 words long, but apparently had too many loopholes and was confusing!!
i got up early the next day and got it sorted, sent the form off less that 12 hours after i'd been pulled over for the offence. so now ive done what they asked, they can't take it any further?? like reporting me for the offence, like ive seen them do on traffic cops. i can't remember if they said anyhing about that or not, its all a haze still lol!
i'm just paranoid that now they have a defective headlight blot on my pnc record, they are going to be pulling me over all the time to check there isn't anything else!
i got up early the next day and got it sorted, sent the form off less that 12 hours after i'd been pulled over for the offence. so now ive done what they asked, they can't take it any further?? like reporting me for the offence, like ive seen them do on traffic cops. i can't remember if they said anyhing about that or not, its all a haze still lol!
i'm just paranoid that now they have a defective headlight blot on my pnc record, they are going to be pulling me over all the time to check there isn't anything else!
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