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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70527
Experience:  Over 5 years in practice
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Just been arrested, wasnt cautioned is that right then phone

Resolved Question:

Just been arrested, wasn't cautioned is that right then phone seized under section 32 is that alright?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How did you come to be arrested but not cautioned?

The words of the caution are 'X person, I am arresting you for Y offence. You do not have to say anything but anything you do say may be taken down and used in evidence against you. It may harm your defence if you fail to mention now something you later rely on in court'

Its not possible to be arrested usually without being cautioned.

Customer: replied 3 years ago.
A colleague was charged some weeks ago with the same offence.
They knocked at my front door at 930 am and asked for me I let them in and the said you a re being arrested regarding cultivation at unit 8 blah blah blah never cautioned me,never mentioned abstraction but stuck it on the docket,and booked me in for interview at 5pm Wednesday
Expert:  Jo C. replied 3 years ago.
What did the blah blah blah amount to?
Customer: replied 3 years ago.
Sorry that was the full postal address of the unit
Expert:  Jo C. replied 3 years ago.
Thanks.

The absence of the caution would just mean that they could not rely upon anything you said upon arrest to incriminate you. They could apply to introduce it but if it was pre caution its not likely to be admitted especially not since they should have cautioned you.

S32 PACE though you will find here

http://www.legislation.gov.uk/ukpga/1984/60/section/24

and it is just triggered upon arrest rather than upon caution.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
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