Arrested by AFP

[~ari]

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What happens if you get arrested and charged but never got cautioned?

[~ari]

Serious thread is serious.

[historykidd]

Originally Posted by ~ari

What happens if you get arrested and charged but never got cautioned?

lulz owned

what did you do?

the only time i've been arrested i was granted a warning rather than a caution

wouldn't have a fucking clue if that applies here but

[~ari]

Originally Posted by historykidd

lulz owned

what did you do?

the only time i've been arrested i was granted a warning rather than a caution

wouldn't have a fucking clue if that applies here but

I'm talking about a 'right to remain silent etc' caution not a 'don't do it again little man' caution

[historykidd]

Originally Posted by ~ari

I'm talking about a 'right to remain silent etc' caution not a 'don't do it again little man' caution

well that sounds a bit more serious :| sorry mate im utterly useless here.

[~ari]

Crimes against the Commonwealth aren't THAT serious

[= Jennifer =]

If an AFP check is done on you, it will appear on your record. At my work we request a lot of AFP checks on clients and even if you get arrested it appears.

[hfis]

Originally Posted by ~ari

I'm talking about a 'right to remain silent etc' caution not a 'don't do it again little man' caution

If your matter goes to trial, then anything you did or said after arrest may not be used as evidence against you. It's a pretty serious oversight.

See s 139 (1), Evidence Act 1995 (Cth).

Edit; I should probably point out that, under s 138 of the same act, if you're obviously guilty and it's in the interests of justice to disregard the lack of caution, the Court will do just that. However, this is a pretty difficult test to satisfy, and the odds are well in your favour.

[Timbo650]

Originally Posted by ~ari

What happens if you get arrested and charged but never got cautioned?

1. If you got arrested and charged then you (mostly) go to court.

2. What did you do that the Feds arrested you, rather than NSWP?
(I am assuming that you were arrested by FAs and not by ACT uniformed police)

3. If you were in law "arrested", then clearly you got bail, so what is your problem?

4. Chances are that you were not "arrested", thus were not cautioned.

5. If you gave the cops a dose of mouth, then be grateful that you still have all your teeth.

6. While there is a common law duty to caution an arrested person, "Mirandising" like you see on American cop shows generally does not happen.

[*1984*]

Originally Posted by Timbo650

16. While there is a common law duty to caution an arrested person, "Mirandising" like you see on American cop shows generally does not happen.

23F Cautioning persons who are under arrest or protected suspects
(1) Subject to subsection (3), if a person is under arrest or a protected suspect, an investigating official must, before starting to question the person, caution the person that he or she does not have to say or do anything, but that anything the person does say or do may be used in evidence.

Crimes Act 1914 (Commonwealth)

[amaccas]

booyah

[jackmurray1989]

I plan to join the AFP when I finish my degree, so in 5 years I'll put in a good word for you.

[amaccas]

Hehehe.

[incentivation]

It seems unusual that the AFP would commit such a serious oversight.

[Timbo650]

Originally Posted by *1984*

23F Cautioning persons who are under arrest or protected suspects
(1) Subject to subsection (3), if a person is under arrest or a protected suspect, an investigating official must, before starting to question the person, caution the person that he or she does not have to say or do anything, but that anything the person does say or do may be used in evidence.

Crimes Act 1914 (Commonwealth)

Look at what said.
I did not say "the law does not require..."
I said that it generally didn't happen. By which I mean IRL and regardless of what the law requires.

And the OP hasn't exactly answered the original questions...