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
Note: UK legislation changes. If something is urgent or unclear, get advice for your specific situation.
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.