it is the words
under caution I was questioning. To interview a person under caution the police have to suspect the person of having committed an offence.
The wording of the caution 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.
It is all quite simple.
1. There are offences -- which I set about above under the ANO which the Police could charge.
2. If the Police wish to charge a more serious offence they need to have all their ducks in a row.
3. Under Statute save where the High Court gives permission -- and it has refused it in this case -- the Police cannot rely on any statements obtained by the AAIB or on any calculations made the AAIB.
4. The police are however free to employ their own experts.
5. If they wish to take a statement from anyone other than an employee of the AAIB, they are free to do so. Equally those being asked to assist are free to withhold their consent.
6. If the Police wish to interview a person whom they suspect may have committed an offence, they are free to do so before he is charged providing he is cautioned. A person cautioned has the right to refuse to answer.