Scotland
Common Law Caution
Before questioningYou are not obliged to say anything, but anything you do say will be noted and may be used in evidence.
Administer before any question intended to elicit an incriminating response. Note the time and reply.
On Arrest · s.1 Criminal Justice (Scotland) Act 2016
At arrestI am arresting you under section 1 of the Criminal Justice (Scotland) Act 2016 for [offence]. The reason for your arrest is that I suspect you have committed an offence and I believe that keeping you in custody is necessary and proportionate. You are not obliged to say anything, but anything you do say will be noted and may be used in evidence.
State the arrest, the general nature of the offence and the reason as soon as reasonably practicable. Rights, including access to a solicitor, must be given in custody.
England & Wales
PACE Caution · Code C 10.5
Arrest / interviewYou 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.
Use on arrest and before interview. Minor deviations permitted if the sense is preserved.
Restricted Caution · Annex C
No adverse inferenceYou do not have to say anything, but anything you do say may be given in evidence.
Use where adverse inferences cannot be drawn, e.g. legal advice requested but not yet received, or after charge.
United States
Miranda Warning
Custodial interrogationYou have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have them present while you are questioned. If you cannot afford a lawyer, one will be appointed to represent you before any questioning if you wish.
Required before custodial interrogation (Miranda v. Arizona, 1966). Wording varies by agency. Follow your department's card. Document the waiver response verbatim.
Canada
Charter s.10(b) · Right to Counsel
On arrest / detentionI am arresting you for [offence]. It is my duty to inform you that you have the right to retain and instruct counsel without delay. You may call any lawyer you want. A 24-hour telephone service provides a legal aid duty lawyer who can give free legal advice in private. Do you understand? Do you wish to call a lawyer?
Give promptly on arrest or detention. Duty counsel wording varies by province. Follow your service's approved card.
Scotland
Arrest Without Warrant · s.1 CJ(S)A 2016
Arrest- Reasonable grounds to suspect the person has committed, or is committing, an offence
- Arrest must be necessary and proportionate
- Tell them: under arrest, nature of offence, reason, and caution
Record your grounds and the necessity reasoning in your notebook contemporaneously.
Drugs Search · s.23 Misuse of Drugs Act 1971
Stop & search- Reasonable grounds to suspect possession of a controlled drug
- May detain and search the person, and search any vehicle or vessel
- Explain grounds and legal power before searching; record the search
Applies across the UK. Grounds must be specific to this person, now, not hunch, appearance or location alone.
Weapons Search · s.48 Criminal Law (Consolidation) (Scotland) Act 1995
Stop & search- Reasonable grounds to suspect the person is carrying an offensive weapon or bladed/pointed article
- May search without warrant and seize any article found
Since 2017 all non-statutory (consensual) stop and search is prohibited in Scotland. You need a statutory power every time.
Require Details · s.13 Criminal Procedure (Scotland) Act 1995
On the street- Reasonable grounds to suspect an offence has been or is being committed
- May require the suspect's name, address, DOB, place of birth and nationality
- May require a witness to give name and address
- Failure to comply or giving false details is an offence
A suspect may be required to remain while details are verified. Use it before jumping to arrest.
England & Wales
Stop & Search · s.1 PACE 1984
Stop & search- Reasonable grounds to suspect stolen or prohibited articles, bladed articles or fireworks
- Public place or place to which public has access
- Before search give: Grounds, Object, Warrant card (if plain clothes), Identity, Station, Entitlement to a record, Legal power, You are detained (GOWISELY)
Record every search. Grounds must be objective and specific.
Arrest Without Warrant · s.24 PACE 1984
Arrest- Involvement or suspected involvement in an offence
- AND arrest is necessary, e.g.: ascertain name or address, prevent injury, loss or damage, protect a child or vulnerable person, allow prompt and effective investigation, prevent disappearance
State the necessity ground and record it. No necessity, no lawful arrest.
Entry to Arrest / Save Life · s.17 PACE 1984
Entry- Enter and search to: arrest for an indictable offence, recapture a person unlawfully at large, or save life or limb, or prevent serious damage to property
- Reasonable grounds to believe the person is on the premises
Saving life or limb needs no offence at all. Force must be reasonable and the door repaired bill justified in your notes.
Search After Arrest · s.18 & s.32 PACE 1984
Entry / search- s.32: search the arrested person, and premises where arrested or immediately before, for evidence, weapons or escape items
- s.18: search premises occupied or controlled by the person arrested for an indictable offence, for related evidence. Needs inspector's written authority (or notify after, if needed before custody)
Know which one you're using before you cross the threshold, and write it down.
Drugs Search · s.23 Misuse of Drugs Act 1971
Stop & search- Reasonable grounds to suspect possession of a controlled drug
- Detain and search person, vehicle or vessel; seize evidence
GOWISELY still applies. Smell of cannabis alone is weak grounds; build the picture.
United States
Investigative Stop & Frisk · Terry v. Ohio
Stop- Reasonable, articulable suspicion that crime is afoot to stop and briefly detain
- Separate reasonable suspicion the person is armed and dangerous to frisk
- Frisk is a pat-down of outer clothing for weapons only, not an evidence search
Articulable means you can write the specific facts down afterwards. A hunch is not enough.
Arrest · Probable Cause
Arrest- Facts and circumstances sufficient for a reasonable person to believe the suspect committed a crime
- Warrantless arrest generally permitted for felonies on probable cause, and for offenses committed in your presence
- Miranda required before custodial interrogation, not at the moment of arrest itself
State law varies on misdemeanor arrest authority. Know your state's in-presence rule.
Search Incident to Arrest
Search- Lawful custodial arrest permits search of the arrestee's person
- And the area within their immediate control (Chimel)
- Vehicles: only if the arrestee is unsecured and within reach, or it's reasonable to believe evidence of the offense of arrest is inside (Gant)
Cell phones need a warrant (Riley v. California). Do not browse the phone incident to arrest.
Vehicle & Plain View Exceptions
Search- Vehicle exception: probable cause that a vehicle contains evidence or contraband permits a warrantless search of areas where it could be found
- Plain view: lawful vantage point, incriminating nature immediately apparent, lawful right of access
Scope follows the object: if you're looking for a rifle, you can't open the glovebox pill bottle.
Canada
Arrest Without Warrant · s.495 Criminal Code
Arrest- Reasonable grounds to believe the person has committed or is about to commit an indictable offence
- Or found committing any criminal offence
- For less serious offences, do not arrest if identity, evidence and attendance at court can be secured without it (s.495(2))
On arrest give the s.10 Charter rights promptly: reason, right to counsel, duty counsel availability.
Search Incident to Arrest
Search- Lawful arrest permits search of the person and immediate surroundings
- Purpose must be safety, preventing escape, or securing evidence related to the arrest
- Must be conducted reasonably
Common law power (Cloutier v. Langlois). Cell phone searches incident to arrest are tightly limited (R. v. Fearon): tailored, prompt, and take detailed notes.
Impaired Driving Demands · s.320.27 / 320.28
Roadside- Mandatory alcohol screening: with an approved screening device in your possession, you may demand a breath sample from any lawfully stopped driver, no suspicion needed (s.320.27(2))
- Reasonable grounds to believe impaired operation within the preceding 3 hours permits an evidentiary breath or blood demand (s.320.28)
Drug recognition and oral fluid demands need reasonable suspicion of drugs in the body.
Require Identification
On the street- No general power to demand ID from pedestrians absent arrest or statutory authority
- Drivers must produce licence, registration and insurance under provincial highway traffic acts
- Obstruction charges require the person to be under a legal duty to comply
Provincial street check and carding rules vary and are heavily regulated. Know your province's regime.
Scotland
Assault
Common law- An attack on the person of another
- Evil intent, i.e. intent to injure or place in fear of injury
- No requirement for actual injury
Aggravations (injury, weapon, domestic, emergency worker) go on the charge. Consider s.90 for police victims.
Threatening or Abusive Behaviour · s.38 CJ&L(S)A 2010
Statutory- Behaved in a threatening or abusive manner
- Likely to cause a reasonable person fear or alarm
- Intended to cause fear or alarm, or was reckless as to that
The workhorse public order charge. A reasonable person test, so no victim statement of fear strictly required.
Theft
Common law- Appropriation of property
- Belonging to another
- Without consent of the owner
- Intention to deprive the owner
Scots theft is common law, there is no Theft Act here. Housebreaking with intent is the aggravated form.
Vandalism · s.52 CL(C)(S)A 1995
Statutory- Wilfully or recklessly
- Destroyed or damaged property
- Belonging to another
- Without reasonable excuse
Malicious mischief remains available at common law for serious cases.
Police Assault / Obstruct · s.90 Police & Fire Reform (Scotland) Act 2012
Statutory- Assaulted, resisted, obstructed or hindered
- A constable in the execution of their duty, or a person assisting them
Also covers police custody and security officers. Prove the officer was acting in the course of duty.
Drink Driving · s.5 Road Traffic Act 1988
Statutory- Drove or attempted to drive, or in charge of a motor vehicle
- On a road or other public place
- Breath alcohol over 22 microgrammes per 100ml (Scottish limit)
Scotland's limit is lower than England's 35. Section 4 covers impairment through drink or drugs.
England & Wales
Theft · s.1 Theft Act 1968
Statutory- Dishonestly
- Appropriates property
- Belonging to another
- With intention to permanently deprive
All five elements or it isn't theft. Borrowing without intent to keep usually fails the last element.
Common Assault / Battery · s.39 CJA 1988
Statutory- Assault: intentionally or recklessly caused another to apprehend immediate unlawful violence
- Battery: intentionally or recklessly applied unlawful force
Injury beyond transient or trifling? Consider s.47 ABH. Emergency worker victim? s.1 Assaults on Emergency Workers Act 2018.
ABH · s.47 Offences Against the Person Act 1861
Statutory- An assault or battery
- Occasioning actual bodily harm, i.e. any hurt interfering with health or comfort
- Includes psychological harm that is more than mere distress
Photograph injuries, get medical evidence early.
Criminal Damage · s.1 Criminal Damage Act 1971
Statutory- Without lawful excuse
- Destroyed or damaged property
- Belonging to another
- Intending to do so, or reckless
Damage need not be permanent. Value under £5,000 keeps it summary for sentencing purposes.
Burglary · s.9 Theft Act 1968
Statutory- 9(1)(a): entered a building or part as a trespasser with intent to steal, inflict GBH or do unlawful damage
- 9(1)(b): having entered as a trespasser, stole or attempted to steal, or inflicted or attempted GBH
Dwelling burglary is the aggravated form. Nail down evidence of entry and trespass first.
Public Order · s.4, 4A & 5 Public Order Act 1986
Statutory- s.5: threatening or abusive words or behaviour within hearing or sight of a person likely to be caused harassment, alarm or distress
- s.4A: same, plus intent to cause harassment, alarm or distress, and it was caused
- s.4: intent to cause belief that immediate unlawful violence will be used, or to provoke it
Ladder up: 5 is the baseline, 4A adds intent and result, 4 adds fear of violence.
Drink Driving · s.5 Road Traffic Act 1988
Statutory- Drove or attempted to drive, or in charge of a motor vehicle
- On a road or other public place
- Breath alcohol over 35 microgrammes per 100ml
MG DD forms are unforgiving; follow the procedure exactly.
United States
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How to use this section
Read firstOffense elements are defined by each state's penal code and vary significantly. The cards below show typical elements to structure your thinking. Always verify against your state statute, or use the BluelineAI Charge Identifier, which covers state-specific law. Open Charge Identifier
Theft / Larceny · typical elements
Varies by state- Unlawful taking and carrying away
- Of property of another
- Without consent
- With intent to permanently deprive
Many states grade by value into petty and grand theft. Check your state's thresholds.
Assault & Battery · typical elements
Varies by state- Assault: intentionally causing apprehension of imminent harmful or offensive contact, or attempting battery
- Battery: intentional harmful or offensive physical contact
- Aggravated forms: weapon, serious injury, or protected victim such as an officer
Some states merge both into a single assault statute. Check how yours defines it.
Burglary · typical elements
Varies by state- Unlawful entry into a building or structure
- With intent to commit a crime inside
Modern statutes drop the common law night-time and dwelling requirements, but grading often turns on them.
DUI / DWI · typical elements
Varies by state- Driving or in actual physical control of a vehicle
- While under the influence, or with BAC at or above 0.08 (0.05 in Utah)
- Implied consent rules govern refusal of chemical tests
Per se limits, refusal penalties and lookback periods are all state-specific.
Canada
Theft · s.322 Criminal Code
Statutory- Fraudulently and without colour of right
- Takes or converts anything
- With intent to deprive the owner, temporarily or absolutely
Charged as under or over $5,000 (s.334). Note Canada includes temporary deprivation, unlike most theft definitions.
Assault · s.265 Criminal Code
Statutory- Intentional application of force to another person
- Without consent
- Or attempts or threatens by act or gesture to apply force, with present ability
Ladder: s.267 with a weapon or causing bodily harm, s.268 aggravated. Peace officer victim: s.270.
Assaulting a Peace Officer · s.270
Statutory- Assault as defined in s.265
- Victim was a peace officer engaged in the execution of duty
- Or the assault was to resist or prevent lawful arrest
Prove the officer was acting lawfully in the course of duty at the time.
Mischief · s.430 Criminal Code
Statutory- Wilfully destroys or damages property
- Or renders property dangerous, useless, inoperative or ineffective
- Or obstructs the lawful use or enjoyment of property
Also split at $5,000. Mischief to computer data is s.430(1.1).
Break and Enter · s.348 Criminal Code
Statutory- Breaks and enters a place
- With intent to commit an indictable offence, or commits one inside
- Entry without lawful excuse is presumptive evidence of intent (s.348(2))
Dwelling-house break and enter carries up to life. Get evidence of the point of entry photographed early.
Impaired Operation · s.320.14 Criminal Code
Statutory- Operated a conveyance while ability impaired by alcohol or drug
- Or with BAC at or equal to 80 mg per 100 ml within 2 hours of operating
- Or with a blood drug concentration at or above the prescribed limit
Refusing a lawful demand is its own offence under s.320.15.
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Quick reference only, not legal advice or official force guidance. Wordings, powers and offence definitions vary between forces and change over time. Always follow your own force's current approved wording, policy and training. Sources: legislation.gov.uk, PACE Codes of Practice, Cornell Legal Information Institute, Department of Justice Canada.