Quick Answer: PACE Code C governs interviews of suspects. It includes rules on solicitor attendance in interview (Code C para 6.8),[1] the caution wording,[1] and breaks during interviewing (Code C para 12.8).[1] Silence can have consequences under section 34 CJPOA 1994 in certain circumstances.[2]
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.
Sources
- Home Office: PACE Code C (December 2023) – detention, treatment and questioning (PDF)—https://assets.publishing.service.gov.uk/media/6580543083ba38000de1b792/PACE+Code+C+2023.pdf
- Criminal Justice and Public Order Act 1994 s.34 (inferences from failure to mention facts)—https://www.legislation.gov.uk/ukpga/1994/33/section/34
- Home Office: PACE Code E (2016) – audio recording of interviews (PDF)—https://assets.publishing.service.gov.uk/media/5a8092dbe5274a2e87dba95d/52344_00_Pace_Code_E_Accessible_v0.3.pdf
- Home Office: PACE Code F (2013) – visual recording of interviews (PDF)—https://assets.publishing.service.gov.uk/media/5a7d4e9740f0b60a7f1a9b6d/2013_PACE_Code_F.pdf
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