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.34โ37 of the Criminal Justice and Public Order Act 1994.
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
Official Resources
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.