caution1. (in criminal law) a. A warning that should normally be given by a police officer, in accordance with a code of practice issued under the Police and Criminal Evidence Act 1984, when he has grounds for believing that a person has committed an offence and when arresting him. The caution is in the following terms: 'You do not have to say anything unless you wish to do so, but what you say may be given in evidence.' The caution must be given before any questions (or further questions) relating to the suspected offence are put. If a person is not under arrest when a caution is given, the officer must say so; if he is at a police station the officer must also tell him that he is free to leave and remind him that he may obtain legal advice. The officer must record the caution in his pocket book or the interview record, as appropriate. b. A warning by a police officer, on releasing a suspect when it has been decided not to bring a prosecution against him, that if he is subsequently reported for any other offence, the circumstances relating to his first alleged offence may be taken into account. It is common practice for the police to give this type of caution, although the procedure has no statutory basis and there are no legal consequences if it is not followed. |
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