Failure of Police to Caution an Individual about Her Right to Silence or the Consequences of Speaking with the Police
Examples of a Secondary Caution The standard police secondary caution reads as follows: You must understand that anything said to you previously should not influence you nor make you feel compelled to say anything at this time. Whatever you felt influenced or compelled to say earlier you are not now obliged to repeat, nor are you obliged to say anything further, but whatever you do say may be given in evidence. Do you understand? Another common form of the police caution (a pared down version of the above example) given to a person who has been charged with an offence is the following: You are charged with . . . Do you wish to say anything in answer to the charge? You are not obliged to say anything but whatever you do say may be given in evidence. The Function of a Secondary Caution A secondary caution can serve to insulate subsequent interviews from previous errors or misconduct on the part of other police officers, inform the suspect of hi...