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Gregor Robertson shocker!

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toontown
July 21, 2022, 11:24pm
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Quoted from 123614


If the police suspect you of a crime, then you should NEVER speak to them.  As the Miranda caution says, anything you say can be used against you, blah, blah, etc.  Why say something that might incriminate you, just either remain silent, say No Comment, or I don't answer questions, there is nothing they can do about that.



The miranda warning is American. In the American system it makes no sense to ever talk to the police really as there is no legal benefit to doing so, but a lot of potential downsides.

Here's a video I enjoyed explaining why

https://youtu.be/Vi434yXk_qo

Ours is different:

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 difference is that a failure to mention something in the police interview which you then rely on later can be inferred to potentially being less reliable. If you remain silent when you have an alibi for example the police can't do anything about it but the court may doubt your word when afterwards you say you was with your mum/brother/best mate all along and so couldn't have committed the crime.

Its not an absolute thing, that you will never be believed, but the court can make up its own mind. So it might be best to speak to the police at time of interview rather than potentially await the court and risk this being seen as you making it up. It depends on the circumstances, its not a black and white thing. This video  isn't very entertaining though

https://youtu.be/mKE9d09c75g
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golfer
July 22, 2022, 6:49am
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Seems to be a lot of people with experience.  The last time I spoke to a copper was in London in 1983 and all he said was " 10 past 3 mate "
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Knut Anders Fosters Voles
July 22, 2022, 8:23am
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Quoted from golfer
The last time I spoke to a copper was in London in 1983 and all he said was " 10 past 3 mate "


Sounds brutal. Did they make you lie on your side for cavity searches in the 80s?
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123614
July 22, 2022, 9:10am
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Quoted from toontown


The miranda warning is American. In the American system it makes no sense to ever talk to the police really as there is no legal benefit to doing so, but a lot of potential downsides.

Here's a video I enjoyed explaining why

https://youtu.be/Vi434yXk_qo

Ours is different:

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 difference is that a failure to mention something in the police interview which you then rely on later can be inferred to potentially being less reliable. If you remain silent when you have an alibi for example the police can't do anything about it but the court may doubt your word when afterwards you say you was with your mum/brother/best mate all along and so couldn't have committed the crime.

Its not an absolute thing, that you will never be believed, but the court can make up its own mind. So it might be best to speak to the police at time of interview rather than potentially await the court and risk this being seen as you making it up. It depends on the circumstances, its not a black and white thing. This video  isn't very entertaining though

https://youtu.be/mKE9d09c75g


Regardless, it still says we have the right to remain silent, and that was my point!

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aldi_01
July 22, 2022, 11:22am

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No comment, every time. A £650 an hour barrister defending a murderer in my previous job told me that…I’d be inclined to follow his advice…


'the poor and the needy are selfish and greedy'...well done Mozza
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FPVmariner
July 23, 2022, 12:29am
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Quoted from toontown


The miranda warning is American. In the American system it makes no sense to ever talk to the police really as there is no legal benefit to doing so, but a lot of potential downsides.

Here's a video I enjoyed explaining why

https://youtu.be/Vi434yXk_qo

Ours is different:

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 difference is that a failure to mention something in the police interview which you then rely on later can be inferred to potentially being less reliable. If you remain silent when you have an alibi for example the police can't do anything about it but the court may doubt your word when afterwards you say you was with your mum/brother/best mate all along and so couldn't have committed the crime.

Its not an absolute thing, that you will never be believed, but the court can make up its own mind. So it might be best to speak to the police at time of interview rather than potentially await the court and risk this being seen as you making it up. It depends on the circumstances, its not a black and white thing. This video  isn't very entertaining though

https://youtu.be/mKE9d09c75g


You are correct in that ours is different, however the caution should be changed to reflect the inability of the police to turn in their own:-

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, unless you are a serving Police officer, in which case we will assume you are innocent even to the point that any evidence proves beyond all doubt that you are guilty.

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