After being Cautioned

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kiwited
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After being Cautioned

Post by kiwited » Mon Sep 16, 2013 2:21 am

Hello

If when on duty as a prison officer, and you are accused of something and cautioned, is there a standard response?

ie, " I am keen to assist but cannot do so until after I have received legal advice?

I am looking for 'wordings'

Thanks

Ted

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Self Tapper
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Re: After being Cautioned

Post by Self Tapper » Mon Sep 16, 2013 4:50 pm

It depends somewhat on circumstances but if you have a look in the POA diary there are standard responses set out for these situations.

Just a word of advice stemming from personal experience, if your legal representative advises you to offer a no comment interview make sure that course will best serve your defence. Remember the (sneaky I believe) "new" caution. "......may harm your defence....."
What peace may grow between the hammer and the anvil? T S Elliot

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Ethnic
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Re: After being Cautioned

Post by Ethnic » Tue Sep 17, 2013 11:54 am

Governor's Investigation-
"I am anxious to assist but apart from providing you with a detailed written account of my understanding of the incident I am instructed by my Association not to participate any further."

Police Investigation-
"I am anxious to assist you with your enquiries but I am instructed by my Assosiation not to do so until such time as the Association's legal nominees are present."

This is on the card issued to me on joining in 1990.

As stated, be aware of the new caution and it's possible implications.

Good luck

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falkor
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Re: After being Cautioned

Post by falkor » Tue Sep 17, 2013 5:23 pm

sneaky new police caution here and it is over 10 years since that came in

the part "it may harm your defence if you do not mention when questioned something you later rely on in court" is more complicated for Police than it seems to you now

reading that you would be left with the impression that if you don't account for your actions straight away, then the court will assume "guilt" - this is often and commonly not what occurs in our Courts, I can tell you that much!!

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