Quick Answer: You have a right to consult a solicitor (PACE s.58)[1] and PACE Code C sets out safeguards for interviews (including voluntary attendance rules and solicitor presence in interview).[2] Silence can have consequences in some cases under section 34 CJPOA 1994.[3]
Arrest interview vs voluntary interview
PACE Code C addresses voluntary attendance. It provides that someone attending voluntarily may leave unless arrested, and it explains what must happen if the police decide arrest becomes necessary.[2]
Right to a solicitor
PACE section 58 provides a right to consult a solicitor.[1] Code C also deals with solicitor attendance in interview (including 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).[2]
Recording
Audio/visual recording of interviews is covered by PACE Codes E and F.[4] [5]
“No comment” and adverse inference
Section 34 CJPOA 1994 deals with a failure to mention facts when questioned under caution (or when charged/informed) that are later relied on in a defence, where it was reasonable to expect you to mention them at the time.[3] See: no comment interviews and prepared statements.
Sources
- Police and Criminal Evidence Act 1984 (PACE) s.58 (right to consult a solicitor)—https://www.legislation.gov.uk/ukpga/1984/60/section/58
- 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
General information only — not legal advice. While every care is taken to ensure what is stated is accurate and reflects current law and official guidance, errors may occur and the law changes. Do not rely on this page instead of advice from a qualified solicitor about your own situation. Legal services are provided through Tuckers Solicitors LLP (SRA ID: 127795) where applicable. If you believe something on this page is incorrect, please contact us and say you are reporting a content error.
Related Services and Information
About Robert Cashman
Robert Cashman is a qualified solicitor and accredited duty solicitor with 35+ years experience in police station representation. He has handled over 21,000 cases and is a Higher Court Advocate qualified to practice in the Crown Court.
Legal services are provided by Tuckers Solicitors LLP (SRA ID: 127795). Robert Cashman is regulated by the Solicitors Regulation Authority (SRA) and operates under SRA standards and the Legal Aid Agency regulations.
This service operates in England & Wales under the Police and Criminal Evidence Act 1984 (PACE), PACE Code C (detention, treatment and questioning), and Legal Aid Agency regulations.
Regulatory Framework
This service operates under:
- Police and Criminal Evidence Act 1984 (PACE) - Primary legislation governing police powers and procedures
- PACE Code C - Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers
- Legal Aid Agency regulations - Framework for free legal advice at police stations
- Solicitors Regulation Authority (SRA) standards - Professional conduct and quality standards
- Jurisdiction: England & Wales
Legal services are provided by Tuckers Solicitors LLP (SRA ID: 127795). Robert Cashman is a qualified solicitor and accredited duty solicitor regulated by the SRA.