The Right to Legal Advice
Every person attending a police interview — whether under arrest or voluntarily — has an absolute right to free, independent legal advice. This right is guaranteed under PACE Code C and cannot be waived by the police or overlooked because of the circumstances of the interview. Once you request a solicitor, the police must not ask you any questions until your solicitor has arrived and you have had the opportunity to consult with them in private. Exercising the right to legal advice cannot be used against you.
The Caution and Its Three Elements
Every interview under caution begins with the formal 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.' The right to silence applies — you cannot be compelled to speak. However, if you remain silent and later rely on facts in court that you could reasonably have mentioned at this stage, a court or jury may draw an adverse inference. The recording of the interview is a permanent evidential record.
Voluntary Interviews — Specific Considerations
Voluntary interviews offer certain procedural advantages over an interview following arrest: the police's powers to take fingerprints, photographs, and DNA samples are more limited. A suspect attending voluntarily may be asked to consent to these procedures and should receive legal advice before doing so. Although a person is technically free to leave a voluntary interview at any time, exercising that right carries significant risk — the police may treat departure as providing grounds to arrest immediately. The most effective approach is to attend with legal representation and engage in a controlled and prepared way.
Interview Strategy
The appropriate strategy — answering questions fully, providing a prepared statement, or exercising the right to silence — depends on the specifics of the allegation, the evidence available, and the likely lines of questioning. A prepared statement is a written document read out at the beginning of the interview setting out the suspect's account, after which no further questions need be answered. It allows the suspect's position to be placed on record without the risks associated with prolonged questioning. A solicitor should obtain advance disclosure of the allegation before the interview so that strategy can be agreed on the basis of what is actually being investigated.
After the Interview
Following the interview, most people are released on pre-charge police bail with conditions, or Released Under Investigation without conditions or a return date. This period — before any charging decision is made — is when pre-charge representations to the Crown Prosecution Service can be most effective. Early legal representation during this period gives the best opportunity to influence the charging decision.