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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
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preparation
Criminal Law
Updated 2026-04-09

Preparation Checklist for a Police Interview

What to know and do before attending a voluntary or post-arrest police interview under caution.

Overview

A police interview under caution โ€” whether following arrest or on a voluntary attendance basis โ€” is a critical stage in any criminal investigation. What you say (or do not say) can have significant consequences at trial. You have the right to free legal advice before and during the interview. The caution ('You do not have to say anything. But it may harm your defence if you do not mention when questioned something you later rely on in court. Anything you do say may be given in evidence') explains the legal landscape: adverse inferences can be drawn from silence under ss.34โ€“37 of the Criminal Justice and Public Order Act 1994.

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Before the Interview

Speak to a solicitor before the interview โ€” the duty solicitor is free of charge(Essential)

You are entitled to free legal advice under PACE 1984, s.58. Never waive this right. A solicitor can advise on what to say, what not to say, and protect you from oppressive questioning

Find out what you are alleged to have done and the basis for the interview(Essential)

Do not discuss the alleged matter with others before the interview(Essential)

Anything you say can be used in evidence and may create inconsistencies

If voluntarily attending, confirm whether you are a witness or a suspect(Essential)

During the Interview

Request your solicitor be present throughout the interview(Essential)

Understand the 'no comment' interview option โ€” your solicitor will advise on whether to answer questions(Essential)

A prepared statement can be read at the start of the interview if advised; this limits adverse inference from later silence

Listen carefully to each question before responding

Correct any factual inaccuracies in the questions put to you

Practical Matters

Bring ID if voluntarily attending

Note the date, time, interviewing officers' names, and station

Request a copy of the interview record or tape

Related Guides

Related Rights

Frequently asked questions

Do I have to pay for a solicitor before a police interview?
You are entitled to free legal advice before and during a police interview under caution. The duty solicitor is free of charge, and you should never waive this right. A solicitor can advise on what to say, what not to say, and protect you from oppressive questioning. You have the right to request your solicitor be present throughout the interview.
Should I talk to friends or family about the allegations before my interview?
You should not discuss the alleged matter with others before the interview. Anything you say can be used in evidence and may create inconsistencies. It is also important to find out what you are alleged to have done and the basis for the interview. If you are attending voluntarily, you should confirm whether you are being treated as a witness or a suspect.
Can I choose not to answer questions during the interview?
Your solicitor will advise you on whether to answer questions or use the 'no comment' option. If advised, a prepared statement can be read at the start of the interview, which limits adverse inferences from later silence. You should listen carefully to each question and correct any factual inaccuracies in the questions put to you.
What practical steps should I take during and after the interview?
If you are attending voluntarily, you should bring identification. During the interview, note the date, time, the names of the interviewing officers, and the police station. After the interview, you should request a copy of the interview record or tape to ensure you have an accurate account of what was discussed.