Police interview rights — what to expect
Your rights during a police interview in England and Wales under PACE 1984 — the right to silence, the duty solicitor, the caution, and adverse inferences.
Quick answer
If the police want to interview you about an offence, you have the right to free legal advice from a duty solicitor — regardless of income, and regardless of whether you are at the police station or being interviewed voluntarily. You have the right to silence, but adverse inferences can be drawn if you fail to mention something you later rely on at trial. Police interviews are tape-recorded (PACE Code C). Always wait for the duty solicitor before answering questions.
Overview
Police interview rights in England and Wales are governed by the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice (especially Code C for detention and interview). Whether you are at the police station under arrest or attending a voluntary interview, your core rights are the same: free legal advice, the right to silence (subject to adverse inferences), notification of someone, and the right to written notice of your rights. Knowing what to do — and especially what NOT to do — in the first hour can shape the rest of any case.
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves police interview rights — what to expect.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Step-by-Step Process
Ask for the duty solicitor immediately
At the police station: tell the custody officer you want the duty solicitor. At a voluntary interview: tell the officer arranging it. The duty solicitor is free regardless of means and represents you at the police station.
Don't answer questions before your solicitor arrives
You can wait. Use the time to think. The solicitor will speak to you privately first, hear the police's disclosure, and advise on whether to answer questions, give a no-comment interview, or hand in a prepared statement.
Understand the caution
The standard 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.' This warns about adverse inferences (Criminal Justice and Public Order Act 1994 s.34).
Decide how to respond — with advice
Three options: (1) answer questions, (2) no-comment interview (say 'no comment' to each question — usually safer if you do not know the full case against you), (3) prepared statement (hand in a written statement and answer no further questions).
Know your other rights
Right to have someone informed of your arrest (s.56 PACE). Right to written notice of rights. Right to an interpreter if needed. Right to medical attention. Right to inspect the custody record.
After the interview
Police can: release without charge, release under investigation/on bail, or charge. If charged, you will appear at a magistrates' court (usually next day). If released under investigation, you remain a suspect until decision — keep your solicitor informed.
Important Warnings
Even if you are 'just helping with enquiries' or attending a 'voluntary interview', the same rights apply. Ask for the duty solicitor.
Speaking to family/friends about what happened can be used against you — only speak in confidence to a solicitor.
Social media posts about an arrest or investigation can be used as evidence — say nothing online.
Useful Links
Frequently asked questions
- What are the most common mistakes to avoid?
- Watch out for: Even if you are 'just helping with enquiries' or attending a 'voluntary interview', the same rights apply. Ask for the duty solicitor.; Speaking to family/friends about what happened can be used against you — only speak in confidence to a solicitor.; Social media posts about an arrest or investigation can be used as evidence — say nothing online.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: Your rights when arrested — gov.uk; PACE 1984; PACE Codes of Practice. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.
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