Overview

caution


Show Summary Details

Quick Reference

N.

1 (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. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.” The caution must be given before any questions 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. See right of silence. 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.

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. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.” The caution must be given before any questions 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. See right of silence. 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.

2 (in land law) Formerly, a document lodged at the Land Registry by a person having an interest in registered land, requiring that no dealing with that land be registered until the cautioner has been notified, so that he may lodge an objection. For example, a caution might have been lodged by someone who was induced by fraud to convey his land, in order to prevent the fraudulent transferee from registering his title. Since 13 October 2003 cautions against dealings have been replaced by unilateral notices.

[...]

Subjects: Law.


Reference entries

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.