From Police Station Agent:
The Police Caution is:
"You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you may later rely on in Court. Anything you do say may be given in evidence"
What does it actually mean?
Well. The first bit is quite straightforward.
You do not have to say anything.
Other than giving the police your name and address i..e. enough details to identify yourself you are not actually obliged to say anything to the Police hence the words "You do not have to say anything. You can be silent, reply "No comment" or give an explanation. Its down to you. Get advice from someone like police station agent!
The last bit is also straight forward and is especially important if you do give an explanation.
"Anything you do say can be given in evidence".
This means that anything you do say can be given in evidence to a court. Beware there is no such thing as a "off the record" chat with a Police officer or anyone who gives you that caution. There are many people in Prison today who decided to try and tell a investigating officer of some fact off the record. That fact can and will be given in evidence.
The confusing bit is the middle for most people.
"It may harm your defence if you do not mention when questioned something which you later rely on in Court."
Well what does that mean?
Police station agent states:
"In essence if you later rely on a fact, eg "I wasn't there. I was at X's" at the time of the crime and do not mention it when questioned later on in the police station in a properly valid police interview it can harm your defence. i.e. The Court may think you are lying when you tell them later on in Court and it can damage your case. "
Therefore You need a Solicitor in the Police Station.
Its free for everyone who is going to be interviewed by the Police. Ask for Legal advice if you are going to be interviewed. Its free and the Police must arrange it.
If you or your practice need the services of a Criminal Solicitor representing your Client at the Police Station Call Police Station Agent on 07535 494446
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