What Happens in a Police Interview Under Caution?

Your 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 Interview1

The interview is audio recorded (sometimes video). The officers identify themselves and you.2

The officer reads the caution and checks you understand it.3

Police ask questions about the allegation. You can answer, say "no comment", or give a prepared statement.4

Your rep can intervene if questions are improper, oppressive, or you need a break.5

You're asked if there's anything you wish to add or clarify.6

The recording is sealed and you're offered a copy.

You can refuse to answer any or all questions

Free legal representation during interview

Breaks for rest, refreshment, and consultation

Access to custody record and interview recording

Sits 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 behalf

Give your account and respond to police questions.Best when: You have a clear defence and disclosure supports your account.

Exercise your right to silence and decline to answer.Best when: Disclosure is poor or answering could harm your case.

Read 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.