What Happens in a Police Interview Under Caution?

HomeResourcesInterview Under CautionYour Rights ExplainedWhat Happens in a Police Interview Under Caution?Everything you need to know about police interviews: the caution, your rights, what to expect, and how representation can help.ContentsThe Police Caution ExplainedWhat Happens During InterviewYour Rights in InterviewWhat Your Representative DoesYour Options: Answer, Silence, or StatementThe Police Caution Explained"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 police caution is given before any interview under caution. It has three parts:"You do not have to say anything" – You have the right to remain silent. You cannot be forced to answer questions."But it may harm your defence..." – If you fail to mention something you later rely on in court, the court can draw an adverse inference from your silence."Anything you do say may be given in evidence" – Your answers are recorded and can be used in court, whether they help or hurt your case.What Happens During Interview1Recording BeginsThe interview is audio recorded (sometimes video). The officers identify themselves and you.2Caution GivenThe officer reads the caution and checks you understand it.3Questions AskedPolice ask questions about the allegation. You can answer, say "no comment", or give a prepared statement.4Representative InterventionsYour rep can intervene if questions are improper, oppressive, or you need a break.5ClosingYou're asked if there's anything you wish to add or clarify.6Recording SealedThe recording is sealed and you're offered a copy.Your Rights in InterviewRight to SilenceYou can refuse to answer any or all questionsRight to Legal AdviceFree legal representation during interviewRight to BreaksBreaks for rest, refreshment, and consultationRight to RecordsAccess to custody record and interview recordingWhat Your Representative Does in InterviewSits with you throughout the interviewTakes notes of questions and answersIntervenes if questions are improper or oppressiveRequests breaks if you need to consult privatelyEnsures PACE requirements are followedCan read a prepared statement on your behalfYour Options: Answer, Silence, or StatementAnswer QuestionsGive your account and respond to police questions.Best when: You have a clear defence and disclosure supports your account.No CommentExercise your right to silence and decline to answer.Best when: Disclosure is poor or answering could harm your case.Prepared StatementRead a written statement, then "no comment" to questions.Best when: You want to put your account on record but avoid questioning.Important: The best approach depends on your specific circumstances. Always follow your representative's advice based on the disclosure and evidence in your case.Disclosure GuideFind a RepresentativeWritten by Robert Cashman, Duty Solicitor. Last updated: March 2026.