A Conversation for Miranda Warnings

Miranda and rights

Post 21

Researcher 236453

No, in England the caution has to be used rather more often than in formal interviews.

For example before questioning someone you suspect of an offence about that offence as well as on arrest and before any kind of interview formal or otherwise.

The codes of practice are pretty strict. The reason the caution was changed was because the underlying law was changed so that inferences could be drawn (in certain circumstances) from a suspect's silence.

It is probably the case that an inference can only be drawn by a failure to mention something once a suspect has had the opportunity to have legal advice, ie not on the street. I say probably, I am 2 dinners short of being a lawyer so I can't say for certain.


Miranda and rights

Post 22

Researcher 236453

Assault means putting someone in fear of force, battery means touching them. You can have either one on their own or both together.

You can assault someone by standing outside their window naked (its been done) or ringing them up. If they then suffer actual bodily harm (through shock say) you have committed "assualt occasioning actual bodily harm" or s47 of the Offences Against the Perons Act if you prefer.

In common parlance assault is used for both assault and battery.


Miranda and rights

Post 23

Researcher 236453

Last comment (from reading through the conversation). Possession of a bladed article in a public place is an offence. No intention to use as a weapon is no defence. If you can show that you have a good reason for having it with you, that is a defence.


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