Police Disclosure Explained

Your Rights to DisclosureHow Representatives Use DisclosureWhat if Police Won't Disclose?What is Police Disclosure?Disclosure at the police station refers to the information that police share with your legal representative before a police interview. This includes details about the allegation, the evidence they have, and what they intend to ask about.Disclosure is essential because it allows your representative to give you informed legal advice. Without knowing what evidence the police have, it's impossible to properly advise whether you should answer questions, give a prepared statement, or exercise your right to silence.The right to disclosure comes from PACE Code C, which states that the legal adviser should be given sufficient information to advise their client meaningfully.Types of Disclosure

• Nature of the allegation• Time, date and location• Identity of complainant (if not confidential)• Brief summary of evidence

• Witness statements or summaries• CCTV footage descriptions• Forensic evidence• Phone/digital evidence

PACE Code C, paragraph 11.1A states that before interview, your legal adviser should be given "sufficient information" to enable them to advise you meaningfully.This doesn't mean full disclosure of everything – police can withhold information if it might prejudice their investigation. However, they must provide enough for meaningful legal advice.If disclosure is inadequate, your representative can challenge this with the investigating officer and, if necessary, the custody sergeant or a senior officer.

An experienced representative uses disclosure to:Assess the strength of the evidence against youIdentify gaps or weaknesses in the police caseAdvise whether answering questions would help or harm your casePrepare you for the types of questions likely to be askedConsider whether a prepared statement might be appropriate

If police provide minimal or no disclosure, your representative may advise:Exercising your right to silence until disclosure is providedMaking a prepared statement setting out your accountRequesting that the inadequate disclosure be recordedMaking representations to the custody sergeantPoor disclosure can support a "no comment" approach and may be relevant if an adverse inference is later sought from your silence.PACE Codes ReferenceFind a RepresentativeWritten by Robert Cashman, Duty Solicitor. Last updated: March 2026.