What is a Cautioned Statement?
- If you are being formally charged for a criminal offence, you will be issued with a copy of the charge which would state the type of offence as well as describe the essential particulars of the offence, such as the date, time, location, offending criminal act or conduct in question, value of property involved and identity of the victim.
- The charge is issued together with a Cautioned Statement which sets out a warning / notice for you to provide your defence or explanation in response to the charge:
- The charge (including the criminal act or conduct alleged and the prescribed punishment) must be explained to you in the language that you understand and by an interpreter if necessary.
- You will be reminded to mention the facts which you intend to rely on in your defence at the trial and record this in the Cautioned Statement.
- The Court may not believe your defence if you fail to mention your defence in the Cautioned Statement and instead only mention it later at a trial,
- You must read and amend this statement before signing it to ensure that it contains an accurate account of what you have to say in response to the charge.