h2g2 The Hitchhiker's Guide to the Galaxy: Earth Edition

In Australia we also have a similar legal convention to the Miranda ruling. When the police speak to a person about a criminal matter, and that person is under arrest, they must be cautioned. The courts have not established a set phrase that MUST be used, this is what we use in N.S.W at the moment.

"I am going to ask you some questions, you do not have to say or do anything unless you wish to do so. Do you understand this?"
"Anything you do say will be recorded and may be used in court as evidence. Do you understand this?"

In N.S.W we tend to caution sooner rather than later, and it is not unusual for a suspect to be cautioned several times. For instance in an electronically recorded interview when the cassette tapes get changed, the suspect gets cautioned again.
The important thing to remember is that the caution protects both the investigator and the suspect. By cautioning it shows that we have made the suspect fully aware of his rights. Therefor when he makes a `full and frank confession' that evidence is unlikely to get thrown out at court.

An earlier post spoke about making suspects fully aware of there right s under the Miranda convention. In N.S.W we are required to give all persons arrested a copy of a form, Part 10A, this covers all there legal rights whilst in custody. It tells them what they are entitled to do, and also what the police are entitled to do. Anyway thats enough from me, I just thought it would be interesting to give you an Australian perspective on the Miranda convention.