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rights or police caution
What is the difference between being read your rights and being given a police caution and how will I know the difference?
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Being 'read your rights' happens at the start of any interviewing or questioning and has the words:
"I must caution you that you are being arrested (or questioned) on suspicion of ..(an offence)...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 means you are now being interviewed 'under caution'.
A caution is a different thing altogether. You have been told the offence and you have admitted it. You agree that yes, you did do that thing.
It should be made very clear to you that you can either accept the formal caution or, if you insist you are innocent, you may be prosecuted.
You sign a form to state you accept the caution and if you commit a similar offence again within 2 years, this offence may be taken into account as well.
So, anyone who is interviewed by the police should be done so 'under caution'.
If you admit you are guilty you may be offered a simple caution or a conditional caution.
There is no way you would confuse being interviewed under caution with accepting a formal caution.
"I must caution you that you are being arrested (or questioned) on suspicion of ..(an offence)...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 means you are now being interviewed 'under caution'.
A caution is a different thing altogether. You have been told the offence and you have admitted it. You agree that yes, you did do that thing.
It should be made very clear to you that you can either accept the formal caution or, if you insist you are innocent, you may be prosecuted.
You sign a form to state you accept the caution and if you commit a similar offence again within 2 years, this offence may be taken into account as well.
So, anyone who is interviewed by the police should be done so 'under caution'.
If you admit you are guilty you may be offered a simple caution or a conditional caution.
There is no way you would confuse being interviewed under caution with accepting a formal caution.
-- answer removed --
An 11 year old simply cannot receive a police caution - it would have been a 'reprimand' for a first offence, or a 'final warning' for a second offence.
Usually the Youth Offending Team get involved, and certainly the parent would have been contacted.
In any case, a reprimand or final warning is not a criminal record, and the police record of it ends after 5 years or on his 18th birthday, whichever comes first.
From what you have said, I would be extremely surprised if your son has received a reprimand. Tell him to forget all about it.
More info here:
http://www.direct.gov.uk/en/YoungPeople/CrimeA ndJustice/CrimeAndTheLaw/DG_10028367
Usually the Youth Offending Team get involved, and certainly the parent would have been contacted.
In any case, a reprimand or final warning is not a criminal record, and the police record of it ends after 5 years or on his 18th birthday, whichever comes first.
From what you have said, I would be extremely surprised if your son has received a reprimand. Tell him to forget all about it.
More info here:
http://www.direct.gov.uk/en/YoungPeople/CrimeA ndJustice/CrimeAndTheLaw/DG_10028367
Hi miranda:
Your terminology is not quite right.
"being read your rights" means that, for example, if a Police Officer arrests you or suspects you of an offence, s/he will say:
"You do not have to say anything but it may harm your defence if you do not mention when questioned anything you may later rely on in court. Anything you do say may be given in evidence." This is actually cautioning you to the fact that whatever you now choose to say can be disclosed to a Court. In other words, you have the choice whether to say anything else or not, but by making a reply could incriminate you in the offence for which you are being arrested/interviewed etc etc.
Hope that's as clear as mud?
"a police caution" on the other hand is given normally at a Police Station to a first time offender of a minor misdemeanour who has admitted the offence. It negates the need to attend Court but will remain on your "record".
Hope this clarifies things.
Your terminology is not quite right.
"being read your rights" means that, for example, if a Police Officer arrests you or suspects you of an offence, s/he will say:
"You do not have to say anything but it may harm your defence if you do not mention when questioned anything you may later rely on in court. Anything you do say may be given in evidence." This is actually cautioning you to the fact that whatever you now choose to say can be disclosed to a Court. In other words, you have the choice whether to say anything else or not, but by making a reply could incriminate you in the offence for which you are being arrested/interviewed etc etc.
Hope that's as clear as mud?
"a police caution" on the other hand is given normally at a Police Station to a first time offender of a minor misdemeanour who has admitted the offence. It negates the need to attend Court but will remain on your "record".
Hope this clarifies things.
Thank you Ethel and Paraffin.The situation is a bit complicated but I needed to know if he could have had a police caution "slipped in" as we were unaware of procedure and didn't even know that if you accept a caution you are admitting the "crime". Sorry about wrong terminology - I am so naive about the law and my rights as you can probably tell.I am very very worried! Your help is going some way to reassuring me!!
You have nothing to worry about.
Your son can not possibly have received a caution; it is highly unlikely he received a reprimand.
If he did receive a reprimand the 'slate is wiped clean' after 5 years (or on his 18th birthday, whichever comes first) and it will not affect him in any way whatsoever. It can't come back to haunt him.
Forget about it entirely.
Your son can not possibly have received a caution; it is highly unlikely he received a reprimand.
If he did receive a reprimand the 'slate is wiped clean' after 5 years (or on his 18th birthday, whichever comes first) and it will not affect him in any way whatsoever. It can't come back to haunt him.
Forget about it entirely.
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