Editing Arrest (section)

==Warnings on arrest==

===United Kingdom===
{{See also|Right to silence in England and Wales }}
In the United Kingdom, a person must be told that they are under arrest in simple, non-technical language, the essential legal and factual grounds for his arrest. A person must be 'cautioned' when being arrested or subject to a criminal prosecution procedure, unless this is impractical due to the behaviour of the arrested person.

The caution required in England and Wales states,
{{blockquote|You are under arrest on suspicion of [''offence'']. 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.}}

Minor deviations from the words of any caution given do not constitute a breach of the Code of Practise, provided the sense of the caution is preserved.<ref>{{Cite web|url=https://www.gov.uk/government/publications/pace-code-g-2012|title=PACE Code G 2012|website=GOV.UK|language=en|access-date=2018-05-23|archiveurl=https://web.archive.org/web/20231212075943/https://www.gov.uk/government/publications/pace-code-g-2012|archive-date=December 12, 2023}}</ref>

The caution required in Scotland states:

{{blockquote|You are not obliged to say anything, but anything you do say will be noted and may be used in evidence.<ref>[[Police and Criminal Evidence Act 1984]], [http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1871591 section 28] {{webarchive |url=https://web.archive.org/web/20090220223357/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1871591 |date=20 February 2009 }}.</ref><ref>{{cite BAILII | litigants = Taylor v Thames Valley Police | link =  | country =  | court = EWCA | division = Civ | year = 2004 | num = 858 | para =  | eucase =  | parallelcite = [2004] 1 WLR 3155, [2004] 3 All ER 503 | date = 6 July 2004 | courtname = [[Court of Appeal of England and Wales|Court of Appeal]] | juris = }}</ref><ref>[http://webarchive.nationalarchives.gov.uk/20080107222454/http://police.homeoffice.gov.uk/news-and-publications/publication/operational-policing/PACECodeCH.pdf?version=1 Code C] to the Police and Criminal Evidence Act 1984, para. 10.5.</ref>}}

===United States===
{{See also|Miranda warning}}
{{more citations needed|date=May 2019}}
[[File:LAPD Gang Investigation Arrest.jpg|thumb|A police officer arresting suspected gang members in [[Los Angeles]], United States]]
Based on the [[U.S. Supreme Court]] ruling in ''[[Miranda v. Arizona]]'', after making an arrest, the police must inform the detainee of the [[Fifth Amendment to the United States Constitution|Fifth Amendment]] and [[Sixth Amendment to the United States Constitution|Sixth Amendment]] rights for statements made during questioning to be admissible as evidence against the detainee in court. A [[Miranda warning]] is required only when a person is in custody (i.e., is not free to leave) and is being interrogated, and the results of this interrogation are to be used in court.<ref>{{Cite web|url=https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona|title=Facts and Case Summary - Miranda v. Arizona |website= United States Courts|archiveurl=https://web.archive.org/web/20240227122820/https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona|archive-date=February 27, 2024 }}</ref>

One common formulation of the warning is<ref>{{cite web |title=''United States v. Plugh'', 648 F.3d 118, 127 (2d Cir.2011), cert. denied, 132 S.Ct. 1610 (2012). |url=https://scholar.google.com/scholar_case?case=721002024916368331 |website=Google Scholar |access-date=25 January 2019}}</ref>{{blockquote|You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.}}

===Hong Kong===
Immediately after the arrest, the police must inform the arrested of their right to remain silent. They may choose whether or not to answer any questions posed by the police (except that they may need to provide their name and address to the police). The police officer will caution them by saying,

{{blockquote|You are not obliged to say anything unless you wish to do so but whatever you say will be put into writing and may be given in evidence."<ref>{{Cite web|title=What are my rights if I am being arrested?|archive-date=May 12, 2016|archiveurl=https://web.archive.org/web/20160512052528/http://www.clic.org.hk/en/topics/policeAndCrime/police_powers/q7.shtml|url=http://www.clic.org.hk/en/topics/policeAndCrime/police_powers/q7.shtml|website=Clic}}</ref>}}