Caution Plus 3 Interview: What You Need to Know
In the UK, when someone is suspected of a crime, they may be asked to attend a voluntary police interview, sometimes referred to as a "Caution Plus 3 interview." This interview occurs when the police suspect an individual of committing an offence but have not yet charged them. During the interview, the suspect is under caution, meaning their rights and legal protections are clearly stated before any questioning begins. However, the "Plus 3" in this case refers to three additional rights and clarifications given during the caution process.
This article will explain what a Caution Plus 3 interview entails, how it differs from other interviews, and what rights and obligations individuals have when they are subject to this type of interview. We'll also discuss common misunderstandings surrounding police cautions in the UK and provide a breakdown of the legal process involved.
Table of Contents
- What Is the Police Caution in the UK?
- What Is a Caution Plus 3?
- The Significance of the Caution in UK Law
- Understanding the Caution Plus 3 Interview
- Common Misunderstandings About Police Cautions
- What Happens During a Caution Plus 3 Interview?
- How Moeen & Co. Solicitors Can Help
- About the author
- FAQs About Caution Plus 3 Interviews
What Is the Police Caution in the UK?
Before diving into the specifics of a Caution Plus 3 interview, it's important to understand the basic structure of a police caution in the UK. The caution informs the suspect of their rights while simultaneously warning them that anything they say can be used as evidence in court.
The standard UK police caution wording is:
“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.”
This is the wording of the police caution that ensures suspects are aware of their legal rights during police questioning. The caution itself is essential to the process, as it informs the suspect that they are not obligated to answer any questions, but if they choose to withhold information that later becomes part of their defence, it could negatively impact their case.
What Is a Caution Plus 3?
A Caution Plus 3 refers to the typical caution (as outlined above), with three additional elements or rights emphasised to the suspect:
- The right to free legal advice – The suspect can access legal counsel before and during the interview.
- The right to remain silent – Though suspects do not have to answer questions, remaining silent can have implications if they later try to introduce new information in their defence.
- The fact that the interview is voluntary – Suspects are attending the interview of their own free will and are not under arrest unless the situation escalates.
The Caution Plus 3 interview is usually for offences where the police suspect the individual has committed a crime but don’t have sufficient evidence to make an arrest. It's important to remember that the interview can still lead to charges based on the information gathered during questioning.
The Difference Between Caution Plus 3 and a Police Caution: What You Should Know
The Significance of the Caution in UK Law
The meaning of a police caution goes beyond merely informing someone of their rights. The caution is a fundamental part of British legal proceedings, ensuring fairness during police investigations. If the police fail to issue a caution or if it is incorrectly administered, any evidence gathered may be deemed inadmissible in court.
The British police caution plays a dual role: it protects the suspect’s rights and also ensures that any statements made are voluntary, minimising coercion.
In the context of a Caution Plus 3 interview, these rights become even more critical as the suspect's statements may have a direct impact on whether charges are filed.
Understanding the Caution Plus 3 Interview
In a Caution Plus 3 interview, the suspect is informed of the words of the police caution, as well as the additional rights they are entitled to. These interviews are particularly common in cases where police are investigating serious crimes but lack enough evidence for immediate arrest.
The caution police wording is similar to the basic caution, but during a Caution Plus 3 interview, emphasis is placed on the fact that attending the interview is voluntary. Additionally, suspects are reminded that legal assistance is available and that they are not obligated to answer any questions, though silence may impact the case later.
Common Misunderstandings About Police Cautions
Many individuals believe that participating in a Caution Plus 3 interview is equivalent to being charged with a crime. However, this is not the case. The UK police caution wording is designed to inform the suspect of their rights, not to accuse them of a crime.
It’s essential to remember that being under caution doesn’t automatically mean you’re guilty or that you will be convicted. However, the interview is serious, and it’s crucial to have legal representation present.
Voluntary Police Interview - What to Do When Police Call You for an Interview
What Happens During a Caution Plus 3 Interview?
During the Caution Plus 3 interview, the suspect will be asked questions related to the crime they are suspected of committing. The interview is usually recorded to ensure that both the suspect and the police are held accountable for what is said. The police caution plus 3 ensures that the individual understands their rights throughout the process.
If you find yourself in a Caution 3 interview, here are some things to keep in mind:
- You have the right to remain silent.
- You can request a solicitor to be present.
- The interview is voluntary, and you can leave unless you are formally arrested.
Voluntary Police Interview: What Happens if You Don’t Attend?
How Moeen & Co. Solicitors Can Help
At Moeen & Co. Solicitors, we specialize in helping clients navigate the complexities of Caution Plus 3 interviews. If you've been asked to attend an interview under caution, we can provide expert legal advice, ensuring your rights are protected throughout the process.
Our services include:
- Pre-Interview Consultations: We can guide you through what to expect during the interview and offer legal advice on how to approach it.
- Representation During the Interview: A solicitor from our team can be present during the interview to ensure you understand your rights and help you respond to questions appropriately.
- Post-Interview Support: If the interview leads to further legal proceedings, our team is experienced in handling police investigations, ensuring your case is managed effectively.
Contact us today if you've been asked to attend a Caution Plus 3 interview or are facing legal proceedings. Protect your rights with expert guidance from our experienced legal team.
There are several ways to contact our solicitors based in Hayes, London:
- Phone - Call us on 0203 959 7755
- Email us - info@moeenco.com
- Online - Fill in our online enquiry form
- Visit our office - Room 1, The Winning Box, 27-37 Station Road, Hayes UB3 4DX
We are located near Hayes and Harlington Station on Hayes High Street, in Hayes Town Centre.
Read More About How Can A Solicitor Help You In A Caution Plus 3 Interview
About the author
Moeen Khan
(Solicitor Advocate, Bar at Law, Criminal Duty Solicitor, Accredited Police Station Advisor)
Moeen Khan is a highly skilled solicitor with a wealth of experience in immigration, criminal, and commercial lease matters. With a strong academic background and practical expertise, he has successfully handled complex cases across these areas of law. Mr. Khan's extensive knowledge allows him to provide strategic and tailored legal advice to both individual and business clients. His dedication to achieving favorable outcomes and delivering professional service has earned him a respected position within the legal community. Moeen Khan's commitment to excellence and his client-focused approach make him a trusted legal advisor.
FAQs About Caution Plus 3 Interviews
1. What is the police caution in the UK in the context of Caution plus 3 interviews? The police caution is a formal warning issued to suspects informing them of their rights during questioning. It ensures that the suspect knows they do not have to answer questions, but anything they say can be used as evidence.
2. What is the UK police caution? The UK police caution informs suspects of their legal rights and obligations during a police interview. It is a critical part of ensuring the interview is conducted fairly and without coercion.
3. What are the words of the police caution? The wording is: “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.”
4. What is a Caution Plus 3 interview? A Caution Plus 3 interview is a police interview where the suspect is cautioned and given three additional rights: the right to legal counsel, the right to remain silent, and the right to know that the interview is voluntary.
5. Can I leave a Caution Plus 3 interview? Yes, as it is a voluntary interview unless you are formally arrested. However, it’s crucial to have legal representation to avoid potential legal pitfalls.
6. What happens if I don’t answer questions during a Caution Plus 3 interview? You have the right to remain silent, but it may harm your defence if you later bring up information in court that you did not mention during the interview.
7. How important is it to have a solicitor present during a Caution Plus 3 interview? It is highly advisable to have a solicitor present. Legal representation ensures that your rights are protected and that you don’t inadvertently say something that could negatively impact your case.
8. Is an interview under caution serious?
Yes, an interview under caution is serious. Even though it's voluntary, the statements made during the interview can be used as evidence against you. It is crucial to approach it with caution, and it’s recommended to have legal representation, as the police are investigating a potential criminal offense.
9. What is the caution wording in an interview?
The standard caution wording in the UK is:
“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.”
This informs the individual of their rights and warns them that their answers may be used in future legal proceedings.
10. Will a caution affect my job?
A caution can affect your job, particularly if your employer conducts background checks or your role involves working with vulnerable groups. Cautions appear on basic Disclosure and Barring Service (DBS) checks, and for certain professions, a caution could be a reason for dismissal or refusal of employment.
11. How long does a caution stay on your record?
A caution stays on your police record indefinitely, but it may only show up on certain types of background checks for a limited time. It is usually disclosed on a standard or enhanced DBS check for six years (for adults) and will always be revealed for roles requiring enhanced checks if it is relevant to the position.
12. How to get a caution removed?
You can request to have a caution removed from your record under certain circumstances, but this can be a difficult process. You must apply to the National Police Chiefs' Council (NPCC) or the police force that issued the caution, and provide evidence that it was given incorrectly, or it does not meet the criteria for issuance.
13. How many cautions can you get?
There is no formal limit on the number of cautions a person can receive, but if you commit multiple offenses, the police may pursue charges rather than issue another caution. Repeated cautions may also lead to more severe legal consequences.
14. What are the two types of caution?
The two types of cautions are:
- Simple Caution: Issued for minor offenses where the offender admits guilt.
- Conditional Caution: Similar to a simple caution, but with conditions attached that the individual must fulfill (e.g., paying compensation or attending rehabilitation).
15. Is a simple caution serious?
A simple caution is not a conviction, but it is still recorded on your criminal record and may appear on background checks. While it is less serious than being charged, it can have consequences, particularly in employment or travel to certain countries.
16. Who issues a caution?
A caution is issued by the police or other law enforcement agencies. The individual must admit to the offence and agree to the caution. If they do not, the police may decide to proceed with formal charges instead.
Legal Disclaimer
The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.