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Police Station Disclosure By Police Station Agent
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
Police Station Disclosure: Why It Matters
One of the most critical aspects of police station representation is finding out what the police can tell you about the allegation. Under PACE Code C (2023), paragraph 11.1A (SI 2023/1422), you and your solicitor must be given enough information before the interview to understand the nature of the allegation and why you are suspected.
What is Disclosure?
Pre-interview disclosure is the information the police give you and your solicitor about the allegation before interview. Code C, Note 11ZA, says it should normally include, as a minimum, a description of the facts known to the officer, including the time and place. The officer may choose to give more, such as a summary of witness accounts or CCTV, but does not have to disclose all of the evidence, and the investigating officer decides what is disclosed (Code C, paragraph 11.1A).
Why Disclosure is Essential
Without disclosure, you cannot make an informed decision about whether to answer questions in interview. Your solicitor needs to understand as much as possible about the evidence to advise you. The prosecution's formal disclosure duties under the Criminal Procedure and Investigations Act 1996 apply later, if the case goes to court, not at the police station.
The Role of Your Solicitor
An experienced police station representative will immediately request disclosure upon arrival at the police station. They will examine your custody record, speak to the investigating officer, and obtain as much information as possible about the case. This enables them to advise you on the strength of the evidence and whether it is in your interests to answer questions.
Your Right to Disclosure
Under Code C, paragraph 11.1A, you and your solicitor must be given enough information to understand the nature of the suspected offence and why you are suspected of committing it. Your solicitor will ask for as much detail as the officer is willing to give, but the police do not have to disclose all of their evidence before interview.
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 always have the right not to answer questions: the caution begins "You do not have to say anything" (Code C, paragraph 10.5). But limited disclosure does not automatically stop a court being asked to draw an inference from silence. The question is whether, in the circumstances at the time, you could reasonably have been expected to mention the fact you later rely on (Criminal Justice and Public Order Act 1994, section 34(1)).
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 for advice at the police station is available regardless of your financial circumstances (Legal Aid, Sentencing and Punishment of Offenders Act 2012, sections 13 and 21(8); Criminal Legal Aid (Financial Resources) Regulations 2013, regulation 5).
References
- PACE Code C (2023), paragraphs 10.5 and 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) (SI 2023/1422)
- Criminal Procedure and Investigations Act 1996, section 1 (prosecution disclosure once a case is in court)
- Criminal Justice and Public Order Act 1994, section 34
- R v Argent [1997] 2 Cr App R 27 (Court of Appeal: the conditions for an inference under section 34), as summarised in Black v R [2020] EWCA Crim 915, paragraph 37
- Police and Criminal Evidence Act 1984, section 58
- Legal Aid, Sentencing and Punishment of Offenders Act 2012, sections 13 and 21, and and Criminal Legal Aid (Financial Resources) Regulations 2013, regulation 5 (no means test at the police station)
Sources
- GOV.UK — PACE Code C 2023 (accessible text)
- PACE 1984, section 58 — right to legal advice at the police station
- PACE 1984, section 76 — exclusion of confessions
- 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.