What Happens in a Police Interview Under Caution?

Who this guide is for

Suspects and family members wanting to understand the process; trainee and accredited police station representatives; criminal defence solicitors and paralegals. It complements our beginner's guide and disclosure guide.

When interviews under caution happen

A person is interviewed "under caution" when they are suspected of an offence and police intend to ask questions about it. This usually happens after arrest and detention in a custody suite, or at a voluntary attendance where the same caution applies. The interview must comply with PACE Code C (detention, treatment, and questioning).

If you have requested legal advice, interview should not normally begin until you have had a reasonable opportunity to consult your solicitor or representative in private — and, in practice, after your adviser has taken disclosure from the investigating officer.

The police caution

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

The caution is given before questioning. In plain terms it has three parts:

• You do not have to say anything — silence is a legal choice; you cannot be forced to answer.
• But it may harm your defence… — if you later rely in court on a fact you did not mention when questioned, a court may draw an adverse inference in certain circumstances (see below).
• Anything you do say may be given in evidence — answers are recorded and may be played to a court whether they help or hurt your case.

Silence and adverse inference

Silence is not an admission of guilt. However, section 34 of the Criminal Justice and Public Order Act 1994 allows a court in certain circumstances to draw an inference when a defendant fails to mention a fact when questioned under caution that they later rely on at trial. The conditions are technical; the CPS adverse inferences guidance summarises the prosecution approach.

That is why representatives weigh disclosure, strength of evidence, and your instructions before advising answer, no comment, or a prepared statement. Poor disclosure can support a no-comment strategy — see our police disclosure guide.

What happens step by step

1. 1

   Recording begins

   The interview is audio-recorded and may be video-recorded. Officers identify themselves and you. The custody record should note that legal advice was requested and that your representative is present.

2. 2

   Caution given and understood

   The interviewing officer reads the caution and must satisfy themselves that you understand it. If you do not speak English well, an interpreter should be used. Your representative can ask for the caution to be explained again if needed.

3. 3

   Questions about the allegation

   Police put their account and ask questions. You may answer, decline to answer some or all questions, or read a prepared statement and then answer "no comment" to further questions. Your representative does not answer for you but can intervene on improper questioning.

4. 4

   Representative interventions

   Your rep may interrupt if questions are oppressive, misleading, or outside proper disclosure; request breaks for consultation; raise welfare or vulnerability issues; or ask for clarification. PACE Code C sets standards for breaks and consultation.

5. 5

   Closing the interview

   You are usually asked whether you wish to add or clarify anything. What you say at this stage is still under caution and on the recording.

6. 6

   Recording sealed

   The recording is sealed. You should be offered a copy. Your firm keeps attendance notes; the recording may become evidence if the case proceeds.

Your rights in interview

What your representative does in interview

• Sits with you throughout the recorded interview
• Takes a note of questions and your answers
• Intervenes if questions are improper, oppressive, or outside fair disclosure
• Requests breaks so you can consult in private
• Raises PACE and welfare issues (interpreter, appropriate adult, fitness)
• Can read a prepared statement on your behalf if that is the agreed strategy

The representative does not answer questions for you. Their job is to protect your rights and support the strategy agreed in private consultation.

Answer, silence, or prepared statement

There is no single correct approach for every case. Your representative's advice depends on disclosure, evidence, and your instructions.

After the interview

The police decide next steps: release without charge, bail (with or without conditions), or charge. Further interviews may follow if new evidence emerges. Your representative's attendance note and the sealed recording form part of the case file. If you are charged, the matter moves to the magistrates' or Crown Court and CPIA disclosure obligations continue through your defence firm.

Frequently asked questions

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