Police interview rights (PACE Code C)

Solicitor in the interview room

PACE Code C provides that a detainee who has been permitted to consult a solicitor is entitled, on request, to have the solicitor present when interviewed unless an exception applies (Code C para 6.8).^[1]

The caution

PACE Code C sets out the standard caution wording (terms of the caution).^[1] That wording includes the warning about not mentioning something later relied on in court.

Breaks

Code C provides for breaks from interviewing (including short refreshment breaks at approximately two-hour intervals, subject to limited grounds to delay).^[1]

Recording

Audio/visual recording of interviews is covered by PACE Codes E and F.^{[3] [4]}

No comment and adverse inference

Section 34 CJPOA 1994 is the core “adverse inference” provision about failing to mention facts when questioned under caution that are later relied on in a defence, where it was reasonable to expect you to mention them at the time.^[2] See: no comment interviews and prepared statements.