3 Information to be given on Arrest
(a) Cautions - when a caution must be given
3.1 Code C paragraphs 10.1 and 10.2 set out the requirement for a person whom there are grounds to suspect of an offence (see Note 2) to be cautioned before being questioned or further questioned about an offence.
3.2 Not used.
3.3 A person who is arrested, or further arrested, must be informed at the time if practicable, or if not, as soon as it becomes practicable thereafter, that they are under arrest and of the grounds and reasons for their arrest, see paragraphs 2.2 and Note 3.
3.4 A person who is arrested, or further arrested, must be cautioned unless:
(a) it is impracticable to do so by reason of their condition or behaviour at the time;
(b) they have already been cautioned immediately prior to arrest as in paragraph 3.1.
(b) Terms of the caution (Taken from Code C section 10)
3.5 The caution, which must be given on arrest, should be in the following terms:
“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.”
Where the use of the Welsh Language is appropriate, a constable may provide the caution directly in Welsh in the following terms:
“Does dim rhaid i chi ddweud dim byd. Ond gall niweidio eich amddiffyniad os na fyddwch chi’n sôn, wrth gael eich holi, am rywbeth y byddwch chi’n dibynnu arno nes ymlaen yn y Llys. Gall unrhyw beth yr ydych yn ei ddweud gael ei roi fel tystiolaeth.”
See Note 4
3.6 Minor deviations from the words of any caution given in accordance with this Code do not constitute a breach of this Code, provided the sense of the relevant caution is preserved. See Note 5
3.7 Not used.