Caution Respecting Freedom to Leave
When questioning a suspect not under arrest/otherwise in lawful custody (s 22 Police Responsibilities Code):
- If asking to attend station for questioning, police need to say who they are, where they are from, tell them nature of offence and confirm they are not under arrest and that they do not have to come with them (s 22 (2))
- If they are already at the station, as above, except instead need to ask whether they came of their own free will (s 22(3))
- Before questioning caution as follows (s 22(4)): Do you understand you are not under arrest? Do you understand that you are free to leave any time unless you are arrested?
- If asking to attend station for questioning, police need to say who they are, where they are from, tell them nature of offence and confirm they are not under arrest and that they do not have to come with them (s 22 (2))
- If they are already at the station, as above, except instead need to ask whether they came of their own free will (s 22(3))
- Before questioning caution as follows (s 22(4)): Do you understand you are not under arrest? Do you understand that you are free to leave any time unless you are arrested?