Diamond Enthusiast

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quote: Originally posted by Jenny Roberts: 'You have the right to remain silent, but anything you do say will be taken down and may be used in evidence against you.'
British equivalent, a 'Caution' ?
Yes and no, Jenny. It is called 'the caution'. It never included the words 'against you' in 'may be used in evidence against you' Laymen and playwrights long seem to have thought so, but it never did.The reason was that 'against you' might dissuade an arrested person from giving any account or answer which was neutral, but which might prove of value in their defence or generally, or that would help them then and there. The American version, in contrast, says that anything the person says can and will be used against them in a court of law. Our current version,changed from the above after much legal and parliamentary debate, is "You do not have to say anything, but it may harm your defence if you do not mention anything that you later rely on in court. Anything you say may be given in evidence. Do you understand?"
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| Posts: 9103 | Location: Newmarket, UK/ Antibes, S.France | Registered: 07-14-02 |    |
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