Police Station Agent is a private defence website operated by Robert Cashman — NOT Kent Police. Legal services are delivered through Tuckers Solicitors LLP (SRA number 592449).
Help? The Police Have Contacted Me!
Key Takeaways
- Before interview, you and your solicitor must be given enough information to understand the nature of the allegation and why you are suspected (PACE Code C, paragraph 11.1A)
- The police do not have to disclose all of their evidence before interview
- Whether to answer questions, give a prepared statement or make no comment is a tactical choice you make with your solicitor's advice
- Always request a solicitor before any police interview
If the police have contacted you, it's important to know your rights and what to do. The police may invite you to attend a voluntary interview. You are not under arrest at this stage. If you attend voluntarily, you're entitled to leave at will unless you're arrested, and you must be told at once if a decision is taken to stop you leaving (section 29 of the Police and Criminal Evidence Act 1984).
Don't Panic
The police may contact you for various reasons - you could be a witness, they may need information, or they may want to speak to you about an allegation. Under Code C, paragraph 3.21, if you are not under arrest, you are free to leave at any time during a voluntary interview.
Obtain the Officer's Details
Always obtain the officer's name, badge number, and contact details. This information is important if you need to follow up or if your solicitor needs to contact them.
Contact a Solicitor Immediately
Before speaking to the police, contact a criminal solicitor or accredited police station representative. You have the right to free legal advice, whether you are arrested (section 58 of PACE; Code C, paragraph 6.1) or attending a voluntary interview (Code C, paragraph 3.21A(b)). Your solicitor can contact the police on your behalf, ask what information they can give about the allegation, and advise you on the best course of action.
Your Rights
You have the right to free legal advice under Legal Aid, regardless of your financial circumstances. If you're arrested and held in custody, advice is provided under section 13 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. At a voluntary interview, advice is free without a means test under regulation 5 of the Criminal Legal Aid (Financial Resources) Regulations 2013. Your solicitor can help arrange a voluntary interview at a convenient time and ensure your rights are protected throughout.
The Importance of Pre-Interview Disclosure
Before a police interview, your solicitor will usually speak to the investigating officer and ask what the police can tell you about the allegation. Under PACE Code C (2023), paragraph 11.1A, you and your solicitor must be given enough information to understand the nature of the allegation and why you are suspected. The police do not have to disclose all of their evidence, and the investigating officer decides what is disclosed. Your solicitor will ask for as much as possible.
What Information Should You Be Given?
Code C, Note 11ZA, says the information should normally include, as a minimum, a description of the facts relating to the suspected offence that are known to the officer, including the time and place. The police can hold back details if giving them at that point might prejudice the investigation. The prosecution's formal disclosure duties under the Criminal Procedure and Investigations Act 1996 apply later, if the case goes to court; they do not apply to pre-interview disclosure at the police station.
If the Police Give Little Information
If the police give very little information, your solicitor can raise this with the investigating officer and will take it into account when advising you. Whether you answer questions, give a prepared statement or make no comment is a tactical choice you make with your solicitor's advice. You never have to answer questions: the caution begins "You do not have to say anything" (Code C, paragraph 10.5). But limited disclosure doesn't by itself stop a court being asked to draw an inference if you don't mention something you later rely on (Criminal Justice and Public Order Act 1994, section 34). Whether you could reasonably have been expected to mention it, in the circumstances at the time, is usually a question for the jury, and legal advice to stay silent is one of the reasons they will examine (Crown Court Compendium Part I, chapter 17, citing R v Argent [1997] 2 Cr App R 27).
Further Information
For more information about police station representation and your legal rights, visit our Duty Solicitor Services page. If you have been invited for a voluntary interview, see our guide on Voluntary Interview Advice. For local services, check our Kent Police Stations guide.
Frequently Asked Questions
Can the police refuse to give disclosure?
The police must give you and your solicitor enough information to understand the nature of the allegation and why you are suspected (Code C, paragraph 11.1A). They do not have to disclose all of their evidence, and they can hold back details that might prejudice the investigation. Your solicitor will advise you on how to approach the interview in light of what has been disclosed.
What if I answered questions without a solicitor?
Any answers given may still be used as evidence. Section 58 of PACE gives a person in police custody the right to consult a solicitor, but it does not automatically exclude answers given without a solicitor.
Is disclosure the same at police station and court?
No. At the police station the police only have to give enough information for you to understand the nature of the allegation and why you are suspected (Code C, paragraph 11.1A). The prosecution's disclosure duties under the Criminal Procedure and Investigations Act 1996 apply later, once the case is in court.
Disclaimer: This article is for general information only and does not constitute legal advice. For advice specific to your situation, contact a qualified solicitor. Legal Aid is available for police station representation regardless of your financial circumstances.
References
- PACE Code C (2023), paragraph 11.1A and Note 11ZA, brought into operation by the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B, C, D and H and New Code I) Order 2023 (SI 2023/1422)
- Criminal Procedure and Investigations Act 1996 (prosecution disclosure once a case is in court)
- Criminal Justice and Public Order Act 1994, section 34
- Police and Criminal Evidence Act 1984, section 58
- Judicial College — Crown Court Compendium Part I (October 2025, updated March 2026), chapter 17 (see R v Argent [1997] 2 Cr App R 27)
Sources
- GOV.UK — PACE Code C 2023 (accessible text)
- PACE 1984, section 58 — right to legal advice at the police station
- PACE 1984, section 29 — voluntary attendance at a police station
- Criminal Justice and Public Order Act 1994, section 34 — inferences from failure to mention facts
- LASPO 2012, section 13 — advice for people arrested and held in custody
- Criminal Legal Aid (Financial Resources) Regulations 2013, regulation 5 — advice without a means test, including voluntary attendance
- Judicial College — Crown Court Compendium Part I, chapter 17 — silence and adverse inferences
- SRA register — Tuckers Solicitors LLP (592449)
General information only — not legal advice about any individual case. While every care is taken to keep information accurate, errors may occur and the law changes. Do not rely on this page instead of advice from a qualified solicitor. If you believe something is incorrect, contact us to report a content error. Statutory references and Code C paragraphs are summarised for readability; refer to the official published versions linked above.