Caution (Police)
A police caution is the formal warning officers give to a suspect or accused before questioning. The caution informs the person of their right to silence and warns that anything they say can be used as evidence in court. Cautions are not constitutionally mandatory in every interaction, but they are central to the voluntariness analysis when statements are later tendered at trial.
Mass Tsang's criminal lawyers advise newly arrested clients within hours of arrest, often before any interview. For more, see our blog post on the rights of the charged or arrested.
Primary and secondary cautions
The primary caution is given before questioning — typically after arrest or upon focusing investigation on a suspect. The standard wording warns: "You are not obliged to say anything, but anything you do say may be used as evidence." A secondary caution is given where the accused has previously spoken to another officer (perhaps without caution); it reminds the accused that they should not be influenced by anything previously said by police.
Caution vs. rights to counsel
The caution is distinct from the section 10(b) right-to-counsel advice required on arrest or detention. The right-to-counsel advice informs the detained person of their right to retain and instruct counsel without delay. The caution warns about the use of statements. Both should be given on arrest, in clear language, with confirmation that the accused understands.
Voluntariness — the confessions rule
Even where a proper caution is given, a statement is admissible only if proven voluntary beyond a reasonable doubt under the common-law confessions rule. Voluntariness is assessed for threats, inducements, oppression, operating mind, and trickery. Improperly obtained statements — whether through coercion, false promises, or failure to caution — can be excluded.
Practical advice
If you are cautioned, the right response is almost always to exercise the right to silence and speak to counsel before giving any statement. Police interviews are designed to elicit admissions; even well-intentioned answers can be devastating in court. Counsel will tell you what to expect and how to handle the conversation if you choose to participate at all.
Related glossary terms
