The Police Caution Wording

Key facts: police caution wording

• Standard caution: PACE Code C, paragraph 10.5 — on arrest and on all other occasions before a person is charged or informed they may be prosecuted.
• Now caution: PACE Code C, paragraph 16.2 — on charge or being informed of possible prosecution; “now” replaces “when questioned”.
• Restricted caution: PACE Code C, Annex C, paragraph 2 — used where the restriction on drawing adverse inferences from silence applies.
• Jurisdiction: England and Wales only; Scotland and Northern Ireland differ.

What is the standard police caution wording?

Under PACE Code C, the standard caution given in England and Wales 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 caution given on arrest and before any questioning that might be used in evidence. It is set out in PACE Code C, paragraph 10.5 (and the supporting Notes for Guidance). Minor deviations from the words of the caution do not breach Code C provided the sense is preserved (paragraph 10.7); if it appears the person does not understand the caution, the person giving it should explain it in their own words (Note 10D).

When must the police caution be given?

• On arrest — at the time of arrest or as soon as practicable thereafter.
• Before interview — at the start of any interview, including voluntary interviews where the suspect is not under arrest.
• After a break — after any break in questioning under caution, the person must be made aware they remain under caution; if there is any doubt, the caution should be given again in full when the interview resumes (paragraph 10.8).
• Before relevant questioning outside interview — if a suspect is being questioned in circumstances where a formal interview should have been arranged, the caution must be given before the questioning.

What is the 'now caution'?

The 'now caution' is the caution given when a detainee is charged with, or informed they may be prosecuted for, an offence (PACE Code C, paragraph 16.2). It is the standard caution with the word "now" in place of "when questioned":

"You do not have to say anything. But it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence."

Paragraph 16.2 gives this wording unless the restriction on drawing adverse inferences from silence applies, in which case the restricted caution below is used.

What is the restricted (modified) caution?

The restricted caution applies where adverse inferences from silence cannot be drawn — for example where a detainee has asked for legal advice but has not yet been allowed to consult a solicitor (PACE Code C, Annex C). The wording becomes:

"You do not have to say anything, but anything you do say may be given in evidence."

Use of this variation is regulated by Code C, Annex C, paragraph 2.

Special warning under Code C paragraphs 10.10–10.11

Sections 36 and 37 of the Criminal Justice and Public Order Act 1994 allow a court to draw adverse inferences if an arrested suspect fails to account for: presence at a particular place at a particular time, possession of an object, marks or substances on clothing, etc. For an inference to be drawn, the suspect must first be told in ordinary language (paragraph 10.11):

• What offence is being investigated.
• What fact they are being asked to account for.
• That this fact may be due to them taking part in the commission of the offence.
• That a court may draw a proper inference if they fail or refuse to account for this fact.
• That a record is being made of the interview and it may be given in evidence if they are brought to trial.

Code C does not prescribe fixed wording for the special warning: paragraph 10.11 requires the five points above to be conveyed in ordinary language. Refer to Code C, the College of Policing APP and your force's training material.

What caution applies after charge?

When a detainee is charged with, or informed they may be prosecuted for, an offence, the caution given is the 'now caution' (Code C, paragraph 16.2), unless the restriction on drawing adverse inferences from silence applies (Annex C). In the Annex C situations the restricted wording is used instead (Annex C, paragraph 2) — including when a charged detainee is told about another person's written statement or interview under paragraph 16.4, or is interviewed after charge under paragraph 16.5.

Questioning after charge is itself restricted, and that restriction comes from paragraph 16.5 rather than from the caution. A detainee may not be interviewed about the offence after being charged or informed they may be prosecuted unless the interview is necessary to prevent or minimise harm or loss to some other person or the public, to clear up an ambiguity in a previous answer or statement, or in the interests of justice for the detainee to have put to them, and have an opportunity to comment on, information concerning the offence which has come to light since.

Is the caution wording the same in Scotland and Northern Ireland?

Caution wording differs in Scotland (governed by Scottish criminal procedure) and Northern Ireland (PACE NI Order 1989). Officers in those jurisdictions should refer to their force's published wording and the relevant codes. This page covers England and Wales only.

Important

This page is an educational reference. It is not operational instruction. The College of Policing APP, PACE Code C and your force's training material are authoritative. If you are an officer making a real arrest or interview decision, follow that authoritative material, not summaries on independent websites.

Related pages

• Learning hub
• National Decision Model
• Legal rights & regulations