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Research - Australian Police Caution
I've googled and discovered the police must tell you that what you say may be used in evidence, but can't find a standard caution. Is there a particular phrases (or phrases) you'd expect a policeman to say when arresting someone? I just need the first sentence or so, to show this is a formal arrest.
Comments
You are not obliged to say or do anything unless you wish to do so, but whatever you say or do may be used in evidence. Do you understand?
The current caution used in Queensland is:
Before I ask you any questions I must tell you that you have the right to remain silent.
This means you do not have to say anything, answer any question or make any statement unless you wish to do so. However, if you do say something or make a statement, it may later be used as evidence. Do you understand?
This is just from wiki... pinch of salt, but it must be in the ballpark!
EDIT: slaps own wrist for double cliche in a single half-formed sentence
Melbourne. Can't say I've heard the Queensland version though.
I've not specified where in Oz this happens, so will go for the NSW version as it's nice and simple.
Thanks, Nena. I wanted something readers were likely to recognise, so the version used on TV should be fine.
'Do police have to read me my rights?
In Queensland, police dont have to caution you about your right to silence unless they want to question you as a suspect in a serious offence.
Usually, they must tell you that you are under arrest and why. Always ask if it is not clear and write the details down as soon as possible.
Do I have the right to remain silent?
In general, you have the right to remain silent. However, there are some questions that the police can ask and you must answer.'
In NSW the rules have been changed recently:
http://www.smh.com.au/nsw/right-to-silence-law-changed-20120814-2462p.html
Being Australia, you would need to be sure that you have the right wording for the State concerned.
I'm having him state the person is arrested and what the crime is before giving the caution.
I must inform you that you do not have to say or do anything, but anything you say or do may be given in evidence.
Do you understand that?
I must also inform you of the following rights:
You may communicate with a friend or a relative to inform that person of your whereabouts.
You may communicate with or attempt to communicate with a legal practitioner.