Given a Special Warning in a Police Interview? What It Means

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A special warning is a short, formal explanation police give in interview when they want you to account for something specific: an object, substance or mark, or why you were at a particular place. If you don't, a court may later be allowed to draw an inference. It isn't the same as the ordinary caution, and it has strict conditions.

A special warning in plain English

The officer is saying, in effect: "We think this is linked to the offence. Tell us why it's there, or why you were there. If you don't, a court may hold that against you." The law behind it is in sections 36 and 37 of the Criminal Justice and Public Order Act 1994.

Section 36: objects, substances and marks

Section 36 applies where you've been arrested and there is an object, substance or mark on you, in or on your clothing or footwear, in your possession, or in the place where you were arrested. The officer must reasonably believe its presence may be due to your taking part in a specified offence, tell you that, and ask you to account for it. The condition of clothing or footwear is treated the same way.

Section 37: being at a place

Section 37 applies where you were found by the arresting officer at a place at or about the time of the alleged offence, and the officer reasonably believes your presence there may be due to your taking part in it. You are then asked to account for being there.

What police must tell you (Code C 10.11)

For an inference to be possible, the interviewing officer must first tell you in ordinary language (Code C paragraph 10.11):

• what offence they're investigating;
• what fact they're asking you to account for;
• that they believe this fact may be due to your taking part in the offence;
• that a court may draw a proper inference if you fail or refuse to account for it; and
• that a record is being made of the interview and it may be given in evidence if you're brought to trial.

If you're under 18 or vulnerable, the special warning must not be given unless the appropriate adult is present (Code C 10.11A).

Only after arrest, not in a voluntary interview

Sections 36 and 37 apply only to people arrested by a constable (or an HMRC officer). Code C Note 10F confirms they don't apply to a suspect who hasn't been arrested. Code C 10.10 adds that the inference is only possible where the interview takes place at a police station or other authorised place of detention.

No chance to see a solicitor, no inference

If you were at a police station and hadn't been allowed an opportunity to consult a solicitor before the request was made, the inference provisions don't apply (s.36(4A) and s.37(3A)). And a court can't convict you solely on an inference from silence (s.38(3)).

Why get free advice before you answer

A special warning often comes late in an interview, after police have shown you something. Whether to give an account depends on what police have disclosed, what the explanation is, and whether answering helps or harms you. There's no single right answer, and I won't pretend there is. That is a decision to make with a solicitor in a private consultation before or during the interview. You can ask for a break to take advice.

See also police interview rights, preparing for a police interview and what "no comment" means.

Related guides

• Police interview rights
• Preparing for a police interview
• No comment interviews

Conclusion

A special warning is a specific legal step, not a general threat. It only applies after arrest, needs a clear explanation in ordinary language, and doesn't apply if you weren't given the chance to see a solicitor. Take advice before you decide how to respond.

Sources

Sources checked: 16 October 2026.

• Criminal Justice and Public Order Act 1994 s.36 (objects, substances, marks): legislation.gov.uk
• Criminal Justice and Public Order Act 1994 s.37 (presence at a place): legislation.gov.uk
• Criminal Justice and Public Order Act 1994 s.38(3) (no conviction on inference alone): legislation.gov.uk
• PACE Code C 2023, paras 10.10, 10.11, 10.11A and Note 10F: GOV.UK

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. Don't rely on this page instead of advice from a qualified solicitor. If you believe something is incorrect, contact us to report a content error. Legal services are provided by Tuckers Solicitors LLP.