| 单词 | Caution |
| 释义 | 警戒 A warning. 1. A warning issued to a suspected person that anything he or she says may be used in evidence against him or her: Rules and Directions for the Questioning of Suspects and Taking of Statements (1992) rr II, III. A caution should be administered where there is evidence that would afford reasonable grounds for suspecting that a person has committed an offence. The belief needs only to be based on evidence which would be admissible in court in the event that the accused is subsequently charged and tried: HKSAR v Fung Wing Ching [1998] 2 HKLRD 736. The caution reminds an accused of his or her right to silence: Hall v R [1971] 1 All ER 322, 1 WLR 298. Failure to administer a caution is not a ground for inferring that an accused’s failure to answer questions was not in exercise of the right to silence but was rather an acknowledgement of the truthfulness of an allegation: R v Osbourne, R v Virtue [1973] 1 All ER 649, 1 QB 678. 2. A warning given by a superintendent to a juvenile offender as an alternative to prosecution. Also known as ‘SP caution’. See also Illegally obtained evidence. 警告。1.向可疑人物發出的警告，提醒對方所說的一切可用作呈堂證供：《盤問疑犯及錄取口供的規定及指引》（1992年）規則II及III。凡有證據顯示有合理理由懷疑某人犯罪，則應對該人作出警戒。當該人其後被控及受審，則該信念僅須根據證據，而該證據會於法庭獲接納：HKSAR v Fung Wing Ching[1998] 2 HKLRD 736。警戒提醒被控人有權保持緘默：Hall v R [1971] 1 All ER 322, 1 WLR 298。未能作出警戒，則不可作為以下推斷的理由：被控人未能回答問題不等同行使其緘默權，而是承認指稱的真實性：R v Osbourne, R v Virtue [1973] 1 All ER 649, 1 QB 678。 2. 警司向少年罪犯作出的警戒，以代替檢控。另稱「警司警戒」。另見 Illegally obtained evidence。n. |
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