What does Interview under caution mean? An interview under caution is the formal questioning of a suspect by police or other criminal investigators, after a caution is given. It may follow arrest or be voluntary (a voluntary interview under caution, often called a PACE interview), and is usually audio/video recorded. The phrase is descriptive; in England & Wales and Northern Ireland, PACE 1984/1989 and Code C govern interviews. The caution informs the suspect they need not answer, that anything said may be used in evidence, and that silence may permit adverse inferences. In Scotland, questioning is regulated by the Criminal Justice (Scotland) Act 2016. Suspects are cautioned and...
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This Practice Note outlines the legal framework for interviewing a suspect under caution pursuant to the Police and Criminal Evidence Act 1984 (PACE 1984) and the accompanying PACE Codes of Practice, with particular emphasis on PACE Code C.
It sets out what an interview under caution entails, the advice a solicitor should provide to a suspect before it occurs, where the interview will take place, and the way it will be conducted. It further considers how the interview will be recorded and the approach when dealing with juveniles or vulnerable persons. It also addresses ‘no comment’ interviews and written statements made under caution. Current and historic versions of the PACE 1984 Codes of Practice are published by the Home Office and can be found here.
An interview is the questioning of a suspect about their involvement, or suspected involvement, in an offence, and it must be conducted under caution (a person must be cautioned where there are reasonable, objective grounds to suspect them of committing an offence)...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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