An interview under caution is often the most important stage of a criminal investigation. What you say, what you do not say and how your account is presented can determine whether you are charged and affect any defence you later rely upon.
There are two main ways in which you can be interviewed under caution by the police. The first is following arrest while detained in a custody suite. The second is by arrangement at a voluntary interview.
You may also be asked to attend a further interview after being initially released on bail or under investigation, particularly where the police have obtained new evidence following analysis of digital evidence.
Reeds Solicitors is nationally recognised for its criminal defence work. Our Crime team is ranked Band 1 by Chambers UK and Tier 1 by The Legal 500. We draw upon a vast experience in representing clients during police station interviews and will always proactively defend your position.
If you have been arrested or asked to attend a police interview, call 0333 240 7373 or email [email protected] or send a confidential enquiry.
What Is an Interview Under Caution?
An interview under caution is a formal interview in which the police question you about your suspected involvement in a criminal offence. You are being interviewed as a suspect, not as a witness, and the interview will be recorded.
At the start of the interview, the police will caution you:
“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.”
You cannot be forced to answer police questions. However, remaining silent can have consequences if you later rely on an explanation that you could reasonably have given during the interview. Anything you do say may be considered when the police or Crown Prosecution Service decide whether you should be charged and may later be used as evidence in court.
Interviews Following Arrest
If you are arrested, you will normally be taken to a police station and booked into custody. The custody officer will record the reason for your arrest, decide whether your detention is authorised and explain your rights.
The police may search you and retain property in your possession. Depending on the allegation, they may also take your fingerprints, photograph and non-intimate samples. Phones, computers and other devices may be seized if the police believe they contain evidence.
You have the right to free and independent legal advice. You can ask for Reeds Solicitors by name and the police will contact us. Asking for a solicitor does not suggest guilt and should not be held against you.
Once instructed, we will speak to the investigating officer, obtain disclosure and meet with you in private before the interview. We will then remain with you throughout the questioning.
Voluntary Interviews Under Caution
A voluntary interview takes place when you attend by arrangement and have not been arrested. You should be told that you are not under arrest and are free to leave.
The word “voluntary” does not mean that the allegation is minor or that the evidence against you is weak. Serious allegations, including historic sexual offences, are regularly investigated by voluntary interview.
The main practical difference is that there will usually be some advance warning. This gives us an opportunity to contact the officer, seek disclosure, meet with you and prepare before the interview takes place.
Read more about our voluntary interview under caution services.
Disclosure Before the Interview
Before advising you, we will find out why the police want to interview you and obtain as much information as possible about the evidence supporting their suspicions.
The police do not have to disclose their entire case. They may withhold information if revealing it could prejudice the investigation or because they want to test your account against evidence that has not been disclosed.
The information provided may be a detailed written summary, a short verbal account or little more than the nature of the allegation. We will question the officer about the alleged offence, what the complainant or witnesses are said to have reported and any other evidence the police are prepared to reveal.
We will then assess what has been disclosed, what remains unclear and whether there are obvious gaps in the investigation before advising you.
Private Consultation With Your Solicitor
We will speak with you in private before the interview and explain why the police want to question you, so that you are not taken by surprise.
We will obtain your instructions in strict confidence and advise you based on the disclosure, your account and the relevant law. This may involve discussing messages, documents, witnesses, CCTV, location data or other evidence that supports or contradicts the allegation.
The consultation is confidential. The police are not entitled to know what you have told us or what advice we have given.
Our advice may not always be what you expected or hoped to hear, but it will be clear, realistic and directed towards protecting your position.
Deciding What to Say in the Interview
There is no single interview strategy that is safe in every case.
In some cases, the best course is to answer questions and provide a full account. In others, we may advise you to give a prepared statement and then answer no comment. There will also be cases in which a no-comment interview is the correct approach.
A prepared statement can ensure that the important parts of your account are placed on record accurately and in your own terms. It may be useful where disclosure is limited or where it is important to provide a clear account without being drawn into speculation.
A no-comment interview should not be treated as the automatic safe option. If you later rely on a fact that you could reasonably have mentioned when questioned, the prosecution may invite the court to draw an adverse inference. Equally, answering every question without understanding the evidence can cause serious damage. We will explain the options and advise you which approach best protects your position.
The Solicitor’s Role During Questioning
The solicitor is not simply present as an observer. We will provide ongoing advice and ensure that the interviewer does not exceed their powers or breach the Codes of Practice under the Police and Criminal Evidence Act 1984.
During the interview, we can:
- intervene if a question is misleading, oppressive or unfair;
- challenge an inaccurate description of the evidence;
- ask the officer to clarify a question;
- object to improper or repetitive questioning;
- request a break to give you further private advice
- advise you if the disclosure or direction of the interview changes.
The officer may introduce new evidence or raise an issue that was not included in the original disclosure. If that happens, we can stop the interview, obtain your instructions and reconsider the advice.
What Happens After the Interview?
The police may:
- release you under investigation
- release you on pre-charge bail
- take no further action
- offer an out-of-court disposal, such as a caution
- charge you with an offence and either bail you to court or remand into custody
Following an interview after arrest, if the police are considering releasing you on pre-charge bail, we will carefully assess the proposed conditions and challenge whether bail, and each proposed condition, is necessary and proportionate.
A police investigation does not always end when the interview finishes. Cases can remain under investigation for months, particularly where the police are examining phones, computers, financial records, medical evidence or communications between several people.
If privately instructed during the pre-charge stage we can maintain contact with the investigating officer, obtain defence evidence, advise about bail, prepare you for any further interview and make written representations explaining why you should not be charged.
How Reeds Solicitors Can Help
Our criminal defence team advises and represents clients from their first contact with the police through to the conclusion of the investigation and any court proceedings.
We can represent you following arrest, attend a voluntary interview by arrangement and advise you during any further interview. Before questioning begins, we will obtain disclosure, meet with you in private and advise you on the interview strategy. During the interview, we will protect your position and respond if the questioning or evidence changes.
To speak to a defence solicitor, call 0333 240 7373 or email [email protected]
Rights and Safeguards During a Police Interview
A significant statement is a comment which appears capable of being used in evidence against you. It may be something you allegedly said when the police first attended, during arrest, in the police vehicle or while being booked into custody.
A significant silence may arise when you failed or refused to answer an accusation in circumstances where the police believe a response might reasonably have been expected.
The interviewer should put any significant statement or silence to you at the beginning of the interview. We will advise whether the police record is accepted and how you should respond.
The police must not use oppression to obtain answers or elicit a statement. An interviewer should not suggest what will happen depending on whether you answer questions, provide a statement or remain silent, other than when answering a direct question.
For example, an officer should not promise that you will receive a caution rather than be prosecuted if you admit the allegation.
We can intervene if questioning becomes oppressive, misleading or unfair. Serious breaches may provide grounds for an application under sections 76 or 78 of the Police and Criminal Evidence Act 1984 to exclude evidence.
A child under 18 must have an appropriate adult present during a police interview. An adult who is mentally vulnerable or unable to understand the significance of the interview may also require one.
The appropriate adult does not replace the solicitor. Their role is to support the suspect, help with communication and ensure that the interview is conducted fairly. The suspect should still receive independent legal advice.
Police interviews are normally audio-recorded or visually recorded with sound. At the end of the interview, you should be given information about access to the recording.
If you are charged, you have an automatic right to a copy of the recording. If you are not prosecuted, obtaining a copy may require the agreement of the police or a court order.
Following arrest, the police may take fingerprints, photographs and non-intimate samples. They may also seize phones, computers, documents or other property if they believe the items contain evidence.
Devices can be retained after release and digital examinations frequently take many months. We can ask why property is being retained, seek updates about its examination and request the return of items that are no longer required.
Frequently Asked Questions
An interview under caution is conducted by the police or other prosecuting agency when a person or company is suspected of committing a criminal offence. The interview under caution is conducted to gather evidence, establish the facts of the case, and allow the suspect an opportunity to provide their account of events. It is part of the investigation process and is often used to determine whether there is enough evidence to proceed with a criminal prosecution.
At the beginning of the interview, you will be formally cautioned. The caution wording is: “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.”
Yes, the interview is typically recorded in its entirety, either through audio or video recording, or both, to ensure accuracy and transparency. Interviews can sometimes also be recorded via a body-worn camera but must still be PACE compliant.
The record must state the place of the interview, the time it begins and ends, the time the record is made (if different), any breaks in the interview, and the names of all those present. The record must be in accordance with the Code of Practice for the audio recording of interviews with suspects.
Absolutely. Many people fear that asking for their Criminal Law Legal Representative to attend the interview is an admission of guilt. This is not the case; you have a legal right to talk to your Legal Representative before you attend the interview and have them by your side during the interview process. You are also able to seek, and be provided with, further legal advice at any stage during the interview.
If you are asked to voluntarily attend a police interview under caution you can refuse; however, you risk being arrested (Code G of PACE 1984). We would almost always advise that you co-operate with the police but have a Criminal Law Legal Representative present at all times. To read more, you can read our landing page about voluntary interviews here or our article on the topic here.
In some cases, the Investigating Officer will refuse to disclose certain information to us. If this happens, we may decide that we do not have enough knowledge of the matter to advise you properly. Occasionally, your specialist interview under caution solicitor may recommend you say ‘no comment’ when asked questions by the police.
There is no ‘one size fits all’ approach to this question, as it will be dependent upon the allegation(s) being investigated. A police interview must end when:
- The Investigating Officer is satisfied that all the questions they consider relevant to the allegation(s) have been asked.
- You have had the opportunity to give an explanation.
- The interviewer has asked any relevant questions to test your explanation.
- The Investigating Officer has considered all other available evidence.
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