| Appendix 1 | |
Miranda Warning Statements: |
Peel Police Warnings: |
| 1. You do not have to make a statement and have the right to remain silent. | Primary Caution - a) It is my duty to tell you that you do not have to tell me anything about this unless you want to. |
| 2. Anything you say can and will be held against you in a court of law. | Primary Caution - b) It is my duty to tell you that whatever you say will be taken down in writing and may be used in court against you. |
| 3. You are entitled to consult with an attorney before interrogation and to have an attorney present at the time of interrogation. | Charter Right to Counsel - It is my duty to inform you that you have the right to retain and instruct counsel without delay. Preamble to Y.O.A. Statement Form - I must tell you that you have the right to talk to a lawyer, or your parents, or some adult relative or some other adult, if your parents or adult relative are not available. You have the right to have one of these people present here with you if you want. |
| 4. If you cannot afford an attorney, one will be appointed for you. | Nothing comparable, prior to February 1, 1990. After February 1, 1990: Brydges Caution - "You have the right to telephone any lawyer you wish. You also have the right to free advice from a legal aid lawyer. If you are charged with an offence you may apply to the Ontario Legal Aid Plan for legal assistance." "Do you understand?" "Do you wish to call a lawyer now?" |
| Copyright 1998, Karen L. Higgins-Biss | |