You Do Not Have to Say Anything: Difference between revisions

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The current England and Wales version (as modified by the 1994 Criminal Justice Act) is:
The current England and Wales version (as modified by the 1994 Criminal Justice Act) is:
{{quote| "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."}}
{{quote|"You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."}}


(Source: ''[http://www.connexions-northlondon.co.uk/site/text/the-law-and-you/your-legal-rights/police-caution.php Your Legal Rights: Police Caution]''.)
(Source: ''[http://www.connexions-northlondon.co.uk/site/text/the-law-and-you/your-legal-rights/police-caution.php Your Legal Rights: Police Caution]''.)


The original version prior to 1994 was:
The original version prior to 1994 was:
{{quote| "You do not have to say anything if you do not wish to do so, but anything you do say may be used against you in a court of law."}}
{{quote|"You do not have to say anything if you do not wish to do so, but anything you do say may be used against you in a court of law."}}


(Sharp-eyed tropers will note that the accused now has only a ''qualified'' right to remain silent, whereas before 1994 the accused had an ''absolute'' right to remain silent. This change was enormously controversial at the time and is still lamented by civil libertarians. It may also be at odds with the European Convention on Human Rights.)
(Sharp-eyed tropers will note that the accused now has only a ''qualified'' right to remain silent, whereas before 1994 the accused had an ''absolute'' right to remain silent. This change was enormously controversial at the time and is still lamented by civil libertarians. It may also be at odds with the European Convention on Human Rights.)


The Scottish version is:
The Scottish version is:
{{quote| "You do not have to say anything. But anything you do say may be noted in evidence."}}
{{quote|"You do not have to say anything. But anything you do say may be noted in evidence."}}


A frequent TV practice is for a senior officer to yell [[Book'Em Danno|"You're nicked!"]] before a junior officer recites this caution. Another practice is for the arrestee (or someone nearby) to complain that they have been framed.
A frequent TV practice is for a senior officer to yell [[Book'Em Danno|"You're nicked!"]] before a junior officer recites this caution. Another practice is for the arrestee (or someone nearby) to complain that they have been framed.
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* Spoofed in ''[[Incompetence]]'', the comedy novel by Rob Grant, where the caution takes up an entire chapter and basically amounts to "anything you say (or don't say) means you're both guilty and fully understand your rights".
* Spoofed in ''[[Incompetence]]'', the comedy novel by Rob Grant, where the caution takes up an entire chapter and basically amounts to "anything you say (or don't say) means you're both guilty and fully understand your rights".
** There is also a simplified version, for suspects who don't understand the full version:
** There is also a simplified version, for suspects who don't understand the full version:
{{quote| "You don't have to say anything, but if you don't, bad things will happen to you. You can ask for a lawyer, but if you do, bad things will happen to you. Do you understand, or shall I read the full version again?"}}
{{quote|"You don't have to say anything, but if you don't, bad things will happen to you. You can ask for a lawyer, but if you do, bad things will happen to you. Do you understand, or shall I read the full version again?"}}


== Live Action TV ==
== Live Action TV ==
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* In the 1985 ''[[Doctor Who]]'' [[Radio Drama]] "Slipback", a [[Cowboy Cop]] recites his own version of the pre-1994 caution:
* In the 1985 ''[[Doctor Who]]'' [[Radio Drama]] "Slipback", a [[Cowboy Cop]] recites his own version of the pre-1994 caution:
{{quote| "You have the right to remain silent, but I wouldn't encourage you to do so. Anything you say will be taken down, altered to my satisfaction and used in a court of law to send you down for a good many years."}}
{{quote|"You have the right to remain silent, but I wouldn't encourage you to do so. Anything you say will be taken down, altered to my satisfaction and used in a court of law to send you down for a good many years."}}
* In an episode of ''[[Elephants To Catch Eels]]'', smuggler Tamsyn Trelawney and customs officer Captain Marriot have swapped places for a charity event. Upon apprehending Marriot, Tamsyn informs him that "Anything you do say will be drowned out by the sound of us laughing"
* In an episode of ''[[Elephants To Catch Eels]]'', smuggler Tamsyn Trelawney and customs officer Captain Marriot have swapped places for a charity event. Upon apprehending Marriot, Tamsyn informs him that "Anything you do say will be drowned out by the sound of us laughing"


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