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What Happens at a Police Station Interview in Kent
Key Takeaways
- Your solicitor has the right to disclosure under Code C, paragraph 11.1A
- Disclosure must be sufficient to enable proper legal advice
- You can refuse to answer questions if disclosure is inadequate
- Always request a solicitor before any police interview
Understanding Police Station Interviews in Kent
If you are arrested or invited for a voluntary interview at a police station in Kent, understanding the process can help you protect your rights. This guide explains what happens during a police station interview under the Police and Criminal Evidence Act 1984 (PACE).
The Interview Process
When you arrive at a Kent police station, you will be:
- Informed of your rights, including the right to free legal advice
- Given the opportunity to consult with a solicitor before the interview
- Interviewed under caution, meaning everything you say is recorded
- Provided with disclosure about the allegations against you
Your Rights During Interview
Under PACE 1984, you have several important rights:
- Right to free legal advice: This is not means-tested and is available to everyone
- Right to remain silent: You do not have to answer questions, though there are some circumstances where silence may be commented on in court
- Right to an interpreter: If English is not your first language
- Right to medical attention: If you need it
Why Legal Representation Matters
Having a solicitor present during a police interview in Kent ensures:
- You understand the allegations and evidence
- Questions are fair and properly put
- Your rights are protected throughout
- You receive advice on whether to answer questions or remain silent
All police station legal advice in Kent is free under Legal Aid, regardless of your financial circumstances.
The Importance of Pre-Interview Disclosure
Before any police interview, your solicitor should obtain disclosure from the investigating officer. Under Code C, paragraph 11.1A, you are entitled to be informed of the nature of the suspected offence and why you are suspected of committing it. This information must be sufficient to enable your solicitor to provide proper legal advice.
What Should Disclosure Include?
Proper disclosure should include the details of the allegation, any evidence gathered such as CCTV, forensic evidence, or witness statements, the circumstances of your arrest if applicable, and any other material facts relevant to your interview. Under the Criminal Procedure and Investigations Act 1996, section 3, the prosecution has ongoing disclosure obligations.
Challenging Inadequate Disclosure
If the police provide insufficient disclosure, your solicitor can make representations to the custody sergeant under Code C. Where disclosure is inadequate, your solicitor may advise you to make no comment in interview until proper disclosure is provided. This protects your position while ensuring fairness in the investigation.
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 provide sufficient information under Code C, paragraph 11.1A. If they refuse, your solicitor can advise you on the implications and whether to answer questions without full disclosure.
What if I answered questions without a solicitor?
Any answers given may still be used as evidence. However, the court will consider whether you were properly advised of your rights under section 58 of PACE when assessing the weight of that evidence.
Is disclosure the same at police station and court?
No. Police station disclosure is more limited. Full prosecution disclosure occurs after charging under the Criminal Procedure and Investigations Act 1996.
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
- Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2015, Code C, paragraph 11.1A
- Criminal Procedure and Investigations Act 1996, section 3
- Police and Criminal Evidence Act 1984, section 58
- R v Argent [1997] 2 Cr App R 27