Interviews and disclosure

What disclosure do the police have to give before an interview?

Is there a duty on the officer to disclose the evidence before interview?

Asked by PoliceStationRepUK team

1 answer

• There is no general duty on the police to disclose all their evidence before interview. PACE Code C paragraph 11.1A requires that, before interview, the suspect and their solicitor are given sufficient information to understand the nature of the offence and why the person is suspected of committing it, so that the rights of the defence can be exercised effectively. It does not require details to be disclosed at a time that might prejudice the investigation, and the decision on what to disclose rests with the investigating officer. Ask for disclosure in writing where you can, and note exactly what was given and what was withheld. The level of disclosure is often an important factor when deciding what advice to give about the interview.

  Sources: PACE Code C (2023), para 11.1A

  PoliceStationRepUK team

Peer discussion only, not legal advice. Check current rules and guidance.

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