sch.11-sec.28Cautioning of relevant persons who are not under arrest or in custody— Act , s 431

sch.11-sec.28 Cautioning of relevant persons who are not under arrest or in custody— Act , s 431

This section prescribes for section 431 (1) of the Act the way in which a relevant person must be cautioned before the person is questioned about the person’s involvement in the commission of the indictable offence, if the person is not a person mentioned in section 398 of the Act . If the police officer approaches the relevant person when not at a police station or police establishment, the police officer must caution the person in a way substantially complying with the following statements— ‘I am (name and rank) of (name of police station or police establishment). I wish to question you about (briefly describe the indictable offence). Are you prepared to come with me to (place of questioning)? Do you understand that you are not under arrest and you do not have to come with me?’. If the relevant person attends a police station or police establishment for questioning, the police officer must caution the person in a way substantially complying with the following statements— ‘I am (name and rank) of (name of police station or police establishment). I wish to question you about (briefly describe the indictable offence). Did you come here of your own free will? Do you understand you are not under arrest? Do you understand you are free to leave at any time unless you are arrested?’. (sch.11-sec.28-ssec.1) This section prescribes for section 431 (1) of the Act the way in which a relevant person must be cautioned before the person is questioned about the person’s involvement in the commission of the indictable offence, if the person is not a person mentioned in section 398 of the Act . (sch.11-sec.28-ssec.2) If the police officer approaches the relevant person when not at a police station or police establishment, the police officer must caution the person in a way substantially complying with the following statements— ‘I am (name and rank) of (name of police station or police establishment). I wish to question you about (briefly describe the indictable offence). Are you prepared to come with me to (place of questioning)? Do you understand that you are not under arrest and you do not have to come with me?’. (sch.11-sec.28-ssec.3) If the relevant person attends a police station or police establishment for questioning, the police officer must caution the person in a way substantially complying with the following statements— ‘I am (name and rank) of (name of police station or police establishment). I wish to question you about (briefly describe the indictable offence). Did you come here of your own free will? Do you understand you are not under arrest? Do you understand you are free to leave at any time unless you are arrested?’.