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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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A suspect is invited to the police station under

Resolved Question:

A suspect is invited to the police station for interview under caution. She is in the company of a legal representative. At the beginning the police officer cautions her. After about an hour of questioning, the suspect and her lawyer are asking for a break. After the break the the police officer is back and asks if the suspect has anything else to say. The suspect says no and the interview is finished. Shouldn't the police have cautioned my girlfriend again after the break? If yes, does this mean the whole interview is invalid now? Is this good or bad for her?
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you. Please bear with me while I read your question fully.
Expert:  Alice H replied 1 year ago.
Code C, Codes of Practice under the Police and Criminal, Evidence Act 1984 states :
10.8
After any break in questioning under caution, the person being questioned must be made aware they remain under caution. If there is any doubt the relevant caution should be given again in full when the interview resumes.
So it does appear the police may have breached Code C but whether the interview is excluded under s.78 PACE 1984 is a matter for the court to decide (if it goes that far). The interview does not automatically become inadmissible.
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Customer: replied 1 year ago.
Ok, thank you very much.