Caution

Caution in United Kingdom

Definition of Caution

In accordance with the work A Dictionary of Law, this is a description of Caution :

1. (in criminal law)

a. A warning that should normally be given by a police officer, in accordance with a code of practice issued under the Police and Criminal Evidence Act 1984, when he has grounds for believing that a person has committed an offence and when arresting him. The caution is in the following terms: “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.” The caution must be given before any questions are put. If a person is not under arrest when a caution is given, the officer must say so; if he is at a police station the officer must also tell him that he is free to leave and remind him that he may obtain legal advice. The officer must record the caution in his pocket book or the interview record, as appropriate.

See right of silence.

b. A warning by a police officer, on releasing a suspect when it has been decided not to bring a prosecution against him, that if he is subsequently reported for any other offence, the circumstances relating to his first alleged offence may be taken into account. It is common practice for the police to give this type of caution, although the procedure has no statutory basis and there are no legal consequences if it is not followed.

2. (in land law) A document lodged at the Land Registry by a person having an interest in registered land, requiring that no dealing with that land be registered until the cautioner has been notified, so that he may lodge an objectio For example, a caution might be lodged by someone who was induced by fraud to convey his land, in order to prevent the fraudulent transferee from registering his title. If a caution is lodged unreasonably the cautioner may be ordered to compensate anyone to whom it causes loss. The Land Registrar may order the caution to be vacated if he considers it to be unjust.


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