A private citizen can arrest you (perform a citizens arrest) if: Other than in the case of stopping an offence and holding the person until police arrive, it is very rare for a citizen to arrest a person. It addresses the requirements of the Police and Criminal Evidence Act 1984 (PACE 1984) and explains who may conduct an interview under caution. You cannot be refused bail simply for refusing to be interviewed. The police are allowed to take photographs, finger- prints and palm prints for identification. When the crime isn't serious, the law allows police to deal with the situation by issuing a caution. When the police take you to a police station, they will give you a document which sets out your rights. If you are under 25 and have a question about cautions, please contact us here. The support person is a responsible adult who is independent of the case. /u2pMat [1 0 0 -1 0 841.8898] However, this record does not form a part of your criminal history and it may not be taken into account by an adult court. Family cross examination of parties scheme, Being a guardian for a child or young person - Facts for carers. 0000003480 00000 n The "now" caution is used when reporting people for offences and explains the individual concerned that this is their last chance to give a defence to the police. 0000000016 00000 n It is likely that you will have to pay for a private lawyer to attend the police station. alcohol in a public place. [2], In 2008 a Home Office circular made clear suspects must receive a written explanation of the implications before accepting a caution, to meet the informed consent obligation, and provided a new form to be signed by the offender which explained in considerable detail the consequences.[2]. The NSW changes are based on a similar reform in the United Kingdom back in 1994. The cookies is used to store the user consent for the cookies in the category "Necessary". Emma Smith, Director, Paul Crowley & Co Solicitors. All police stations can put you in touch with this service which is open 24 hours. This Fact Sheet is designed to give you a very basic understanding of how the law works. The right to silence is one of the more unloved rights. However, there is a limit of three cautions if you have already received three cautions, you cannot receive another one and instead you may have to go to court. })(); Yes, there are some circumstances where you are far better off admitting the offence to the Police, but you need to speak to a first lawyer to make sure that this is the case. This could potentially lead to a criminal conviction, which is more serious than a caution. There are two types of caution: Simple: Issued where there is enough evidence that the police think there would be a possibility of conviction if there were a court case. This website uses cookies to improve your experience while you navigate through the website. [20], Restorative Justice (RJ) is an addition to a Community Resolution that allows the offender to take steps to make right the offence in question, often with a controlled meeting with the offender and victim and a discussion taking place regarding the crime.[21][22].
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