When Caution

The "When Caution" (Rights)

What is the "When Caution"?

The When Caution, also known as a suspect's rights, is a legally required statement that must be read out to all suspects upon arrest. It is one of the most critical elements of an arrest, as it ensures the suspect is informed of their legal rights and obligations.

Failing to administer the When Caution properly could lead to legal challenges and even evidence being dismissed in court.

The When Caution (Exact Wording)

Whenever a suspect is arrested, the following caution must be read:

"You do not have to say anything, but it may harm your defense if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence. Do you understand the rights I have read to you today?"

Key Point: Officers must ensure the suspect understands their rights. If necessary, rephrase or repeat the caution for clarity.

Why is the When Caution Important?

• Protects the suspect’s rights under the law.
• Ensures evidence remains admissible in court.
• Prevents legal disputes that could affect prosecution.

Officer Tip: Always deliver the caution clearly and correctly. If the suspect does not acknowledge understanding, clarify or ask if they need further explanation.

By following this procedure correctly, officers ensure they conduct lawful arrests while upholding legal and procedural standards.