When should a common law caution be given?

A common law caution is a critical component of police procedures and is specifically intended to inform a suspect of their rights before being subjected to police questioning. This caution serves to make individuals aware that they have the right to remain silent and that anything they say may be used against them in court. This principle is rooted in ensuring the fairness of the legal process and protecting the rights of the individual during questioning.

Providing the caution prior to questioning is essential because it establishes the context in which the authorities are conducting the interrogation. If the caution is not provided beforehand, any subsequent statements made by the suspect may be deemed inadmissible in court, undermining the integrity of the judicial process.

Other options, such as giving the caution after an arrest or during evidence collection, do not align with the core purpose of the common law caution. The timing of the caution must be directly linked to the point at which questioning starts, ensuring that suspects can make informed choices about their responses.