The police caution.
The words every officer in England and Wales knows by heart, from PACE Code C, paragraph 10.5.
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.
What each part means
- 1
“You do not have to say anything.”
The right to silence. Nobody can be made to answer police questions.
- 2
“But it may harm your defence if you do not mention when questioned something which you later rely on in court.”
If they stay quiet now and come up with an explanation later at trial, the court may draw an inference from the silence (Criminal Justice and Public Order Act 1994, s.34).
- 3
“Anything you do say may be given in evidence.”
Whatever they say, in interview or not, can be used in court.
When it’s given, and the other versions
- Before questioning a suspect
- When there are grounds to suspect someone of an offence, they must be cautioned before they’re asked questions about it (Code C 10.1).
- On arrest
- Unless that’s impracticable because of their condition or behaviour, or they were cautioned just before (Code C 10.4).
- On charge: “now”
- “…if you do not mention now something which you later rely on in court…” (Code C 16.2).
- The restricted caution
- “You do not have to say anything, but anything you do say may be given in evidence.” Used when no inference can be drawn from silence (Code C, Annex C).
- Special warnings
- Before a court can draw an inference from someone’s failure to account for objects, marks or substances, or their presence at a place, they must be given a special warning in ordinary language (CJPOA 1994 ss.36–37, Code C 10.10–10.11).
Student officer?
Words are the easy bit.
Knowing when to caution, what “grounds to suspect” means and what the court can make of silence is what gets tested. Try eight free exam-style questions.
Questions people ask
What is the police caution wording?
“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.” It’s set out in PACE Code C, paragraph 10.5.
When do the police have to caution someone?
Before questioning someone about an offence when there are grounds to suspect them of it, and on arrest unless that’s impracticable because of their behaviour, or they’ve already been cautioned just before for the same offence (Code C 10.1 and 10.4).
Do officers have to use the exact words?
Minor deviations don’t break the code as long as the sense of the caution is kept (Code C 10.7). If the person doesn’t seem to understand, the officer should explain it in their own words.
What is the caution when charged?
On charge the second sentence says “now” instead of “when questioned”: “You do not have to say anything. But it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence.”
What is a restricted caution?
A shorter caution used when a court can’t draw inferences from silence, for example when someone at a police station has asked for legal advice and hasn’t been allowed it: “You do not have to say anything, but anything you do say may be given in evidence.” (Code C, Annex C.)
Is a police caution the same as being cautioned for an offence?
No. The caution on this page is the warning before questioning. Being “given a caution” for an offence is an out-of-court disposal for someone who admits it, which is a different thing.