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CAUTION – AFTER AN ARREST

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Blog

CAUTION – AFTER AN ARREST

In New South Wales, Australia, the right to remain silent is an important aspect of criminal law and is protected by the laws governing the administration of justice. This right allows an individual who has been arrested or detained to remain silent and not incriminate themselves.

In the context of a caution after an arrest, the individual being cautioned has the right to remain silent and to not make any admissions or statements that could later be used against them in court. The cautioning officer must advise the individual of this right, and if the individual does choose to make a statement, it must be made voluntarily and with a full understanding of the consequences.

It’s important to note that a caution issued under section 10 of the Crimes (Sentencing Procedure) Act 1999 does not affect an individual’s right to remain silent. This means that even if an individual is issued a caution, they still have the right to remain silent and to not make any incriminating statements.

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