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Rights when dealing with a police officer.


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simple, don;t answer any questions at all, just "no comment" all questions, you don't HAVE to answer anything to the police

 

I can't see the advantage of that unless you have already been arrested, or if you really have got something to hide. If they think you are being confrontational, they might detain you just out of spite. Be polite but show no fear or eagerness to explain yourself. That way they will realise that they aren't going to get anywhere by fishing, and will have to either produce some evidence or bog off!

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simple, don;t answer any questions at all, just "no comment" all questions, you don't HAVE to answer anything to the police

The new caution does away with that, nowadays refusing to say anything can now be used against you in court,it was put in place so the suspect didnt have any time to make anything up for their court appearance ,if you say nothing and then come up with a answer in court that benefits you it will be looked on suspiciously.You seem to have been watching too many Police fiction shows on TV,unless your used to Police methods and are tough enough,mentally,to ignore their little tricks..you will say something I guarantee it

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The new caution does away with that, nowadays refusing to say anything can now be used against you in court,it was put in place so the suspect didnt have any time to make anything up for their court appearance ,if you say nothing and then come up with a answer in court that benefits you it will be looked on suspiciously.You seem to have been watching too many Police fiction shows on TV,unless your used to Police methods and are tough enough,mentally,to ignore their little tricks..you will say something I guarantee it

 

if you say no comment then you are being non commital, if you dont say anything then saying nothing can,t be used against you, only evidence can be used against you, if you understood pace then you would perhaps understand the police caution and what it actually means

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if you say no comment then you are being non commital, if you dont say anything then saying nothing can,t be used against you, only evidence can be used against you, if you understood pace then you would perhaps understand the police caution and what it actually means

 

What do you understand about PACE and the police caution - just out of interest?

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if you say no comment then you are being non commital, if you dont say anything then saying nothing can,t be used against you, only evidence can be used against you, if you understood pace then you would perhaps understand the police caution and what it actually means

I understand it... now to the salient part

"The standard caution is "You do not have to say anything but it may harm your defence if you do not mention when questioned something you later rely on in court."

 

In other words ..keep schtum now and you cant make things up for later

P.AC.E.....police and criminal evidence act 1984 ..deals with what it says on the can ,updated to come in line with stop and search and terrorism, doesnt touch on the wording of cautions

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Just to cut to the chase and to the wording of the OP if you are small fry and dont have the money to take the Police on in court your rights fly through the window,for every one prosecuted for denying you your rights thousands get away with it on a daily basis,dont take my word for it ask any two bit wannabe gangster they will, Im sure, expand on their denial of their civil and human rights by the Police

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A young (aged 16) friend of hours was recently stopped in the street and accused by another member of the public of theft of the bike he was riding.

 

Without going into too much detail, the police were called, our young friend knowing he was innocent waited for them to arrive, thinking this would help clear the situation up.

 

The police arrived and behaved abysmally, speaking to the accuser with respect and treating the young lad terribly, speaking aggressively to him - they made him sit in the police car and wouldnt let him go home or call his parents.

 

I wont retell the whole story, but he was very upset, and even when they realised they had nothing to go on and told him he could go - they threatened him with further action "IF" they found out he had stolen it (rather than apologising for taking up his time.)

 

I was just wondering what advice to give my kids if this were to happen again. I'd have previously advised them to be co operative, but after this experience I'm more inclined to tell them to say either arrest me or I'm off, and tell them to go home.

 

Any one know the legal position in these circumstances?

 

"am i under arrest?" has always worked for me. generally, if you ask a policeman a question( while they're on duty) they have to tell you the truth. "do i have to answer that?", "do i have to come with you?"...etc. after more than a few run ins my default is if they say they have enough to keep me, or 'take me to the station' i say nothing from that point. nothing.

 

a friend of mine has gotten into the habit of recording everything he can. but i'm told this is illegal. it's also not always possible to do.

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