TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 93

5.29

40

"You are not obliged to say anything but if you wish to do so it will be taken down in writing and may be used in evidence at court. But if you have any explanation which would help to exonerate you or reveal evidence, or witnesses who can clear you of suspicion, you should reveal them now, or your failure to do so may be the subject of adverse comment by the prosecutor at any trial you may face, and the court may draw from your silence, or lack of explanation whatever inference it thinks just and fit."

The effect of this caution is to tip the balance in favour of the Crown. In effect it puts strong pressure on someone who is being investigated to come forward with the evidence in his defence before he gets to court. The revised form of caution could be applied

either

before questioning commences when a man is in detention;

(a)

or

(b)

should that be thought to be an

objectionable way of obtaining

evidence, applied only when the

Police have sufficient evidence to

charge the suspect.

Furthermore, the effect of failing to give an explanation could be limited to the relatively mild inducement that the prosecutor may comment on the failure to tender an explanation.

5.30

If such new measures are considered necessary, it is vital that the Judiciary are also convinced of the need for them.

Advantages and disadvantages

5.31

Advantages Provided the right type of criminal is targetted, the police supervision scheme would be most effective. The scheme would need to be employed against individuals who, by their crimes and the way they committed them, by their background and their associates, were likely to re-offend but also likely to desist if placed under supervision with the

The sort of limitations proposed to their activity. scheme could be used sparingly in only appropriate cases up to, say 500 at any one time. A limit of this order would mean that the Police could run the scheme with about 13 new posts. The effect on the public would be to show that the Government was indeed serious in its attempts to tackle triads. The importance to the Police is that it would greatly help in the detection of crime. It would thus also help to reduce the incidence of crime.

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