Interview Under Caution — What It Is and Your Rights

What does “interview under caution” mean?

An interview under caution is a formal interview by the police, audio- or video-recorded, in which you are told that what you say can be used as evidence. It is given that name because before the interview begins the officer will read you the official police caution:

“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.”

This caution applies whether you have been arrested and held in custody or have been asked to attend a voluntary interview by appointment. The recording, the legal weight, and the consequences are the same.

When does an interview under caution happen?

• After arrest — you are taken to a custody suite, booked in by the custody sergeant, held in a cell, and interviewed when officers are ready.
• Voluntarily, by appointment — the police invite you to attend an interview without arresting you. You are still interviewed under the same caution.
• Section 24 PACE arrests on the street, in your home, or at work — followed by transport to custody for interview.
• Re-interviews after release under investigation, on bail, or where new evidence has emerged.

Your rights at the police station

Under the Police and Criminal Evidence Act 1984 (PACE) and its codes of practice you have specific, enforceable rights. The most important are:

• The right to free, independent legal advice, paid for by legal aid regardless of your means or the offence.
• The right to have someone informed of your arrest (subject to limited exceptions in serious cases).
• The right to see the codes of practice governing how you must be treated in custody.
• The right to silence — though see the warning on adverse inferences below.
• For voluntary interviews, the right to leave at any time, and the right to legal advice before the interview begins.

The right to silence — and why it isn’t simple

You do not have to answer questions. However, since the Criminal Justice and Public Order Act 1994, a court can sometimes draw an adverse inference from silence — particularly where you later rely in court on something you could have raised at interview.

This is one of the most important reasons to take legal advice before the interview. A solicitor will assess the disclosure the police have given, identify what is in your interests to say (or not say), and advise on whether to:

• Answer questions in interview;
• Provide a written prepared statement and otherwise no-comment;
• Make no comment throughout.

Each route has consequences. The right approach depends on the evidence, your account, and the legal test for the offence. That is a decision for a qualified criminal defence solicitor — not for the interviewing officer, and not for you alone.

What happens during the interview?

1. Disclosure — the police summarise the allegation and the evidence they are willing to share.
2. Private consultation with your solicitor — confidential and protected by legal professional privilege.
3. Caution repeated on the recording, identification of everyone present, and confirmation you understand why you are there.
4. Questioning — usually open questions first, then closed/specific questions about evidence.
5. Conclusion — opportunity to add anything, sign-off, and decision on charge / bail / release under investigation.

When should I call a solicitor?

Before answering any questions, and before attending any voluntary interview. Specifically:

• As soon as the police indicate they want to interview you — even if they say it is “just a chat” or “just to clear things up.”
• Immediately on arrest, at the custody desk.
• As soon as you receive a letter, phone call, or doorstep request to attend a voluntary interview.
• If a family member is in custody and you want to arrange a solicitor on their behalf.

Common misconceptions

“Asking for a solicitor makes me look guilty.” It does not. Officers, prosecutors and courts know that legal advice is a routine right and frequently the best decision a suspect can make.

“Voluntary means it doesn’t count.” It very much counts. A voluntary interview is admissible in court and can lead directly to charge.

“The duty solicitor is a police solicitor.” No — duty solicitors are independent. You can also instruct a solicitor of your own choosing.

Next steps

If you, or someone you act for, has been arrested, invited to a voluntary interview, or contacted by the police about an investigation, the safest next step is to request a solicitor before any further contact with officers takes place.