Police Disclosure Explained

Who this guide is for

Representatives and solicitors preparing for police station interviews; suspects and families wanting to understand why advisers ask for "disclosure" before interview. Pair with our interview under caution guide.

What is police disclosure?

Disclosure at the police station is the information the investigating officer gives your legal adviser about the allegation and the evidence the police rely on before interview. It is not the full CPIA prosecution disclosure package — it is enough (in theory) to allow meaningful advice on whether and how to answer questions.

Without disclosure, it is difficult to advise on interview strategy, no comment, or a prepared statement. Representatives routinely ask the officer in the case for disclosure on arrival at custody; quality varies widely in practice.

Basic vs fuller disclosure

There is no fixed statutory list of headings, but in practice disclosure often includes some or all of the following:

Your rights to disclosure

PACE Code C (paragraph 11.1A) states that before interview the legal adviser should be given sufficient information to enable them to advise their client meaningfully.

That does not require the police to disclose everything they hold. They may withhold material if disclosure would prejudice the investigation. The test is whether enough has been given for proper advice — a judgment your representative makes on the night.

How representatives use disclosure

• Assess how strong the prosecution case appears at this stage
• Identify gaps, inconsistencies, or missing material worth chasing before interview
• Advise whether to answer questions, stay silent, or use a prepared statement
• Prepare you for the topics and style of questioning likely in interview
• Record inadequate disclosure for later challenge if adverse inference is raised

If disclosure is inadequate

When the officer gives little or no meaningful disclosure, representatives may:

• Ask the officer in the case to provide more detail and note the response
• Raise the issue with the custody sergeant if disclosure remains inadequate
• Advise silence or a limited prepared statement until enough is known to advise properly
• Ensure the custody record and attendance note record what was (and was not) disclosed

Inadequate disclosure can support a no-comment approach and may be relevant if the prosecution later seeks an adverse inference from silence — see our interview guide and the CPS adverse inferences guidance.

Limits and CPIA context

Police station disclosure supports immediate advice. Ongoing prosecution disclosure in criminal proceedings is governed by the Criminal Procedure and Investigations Act 1996 and the Attorney General's Guidelines on Disclosure. Material can emerge at different stages; representatives should not assume that everything known to the police has been disclosed before a first interview.

Frequently asked questions

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