Police interviews

What is a police interview?

A police interview is a formal questioning process. Police may interview someone because they suspect that person has committed, attempted or helped to commit an offence, or because they may have information relevant to an investigation.

If police suspect you of an offence, the interview will normally be under caution and recorded. What you say – and, in some circumstances, what you do not say – may later be used in evidence.

Police will often interview a suspect before deciding what action to take, but an interview is not required in every case before a charging decision is made.

Police interviews usually take place at a police station. A voluntary interview may also take place at your home or another agreed location.

Before an interview starts

Ask these questions before deciding whether to take part or answer questions:

You can ask for the information to be explained in plain language. If you do not understand something, say so.

Do I have to agree to a police interview?

If the interview is voluntary

A voluntary interview is voluntary. You can decline to attend, ask to pause the interview or say that you want to leave.

If police suspect you of an offence, a voluntary interview will normally be under caution. It is not an informal chat. You should obtain legal advice before agreeing to an interview or deciding whether to answer questions.

If you decline a voluntary interview, police may continue their investigation in another way. They may arrest you only if they have a lawful power to do so and reasonably believe that arrest is necessary. Declining a voluntary interview does not, by itself, make arrest lawful.

If you have been arrested

If you have been arrested, police may interview you. However, you do not have to answer their questions. You can answer questions, give a written or prepared statement, or make no comment. Do not decide what to do without first getting legal advice.

If you are interviewed after arrest, police must follow the rules on detention, treatment and questioning in PACE Code C.

Can I get a solicitor?

Yes. You can ask to speak to a solicitor privately, free of charge, before deciding whether to answer questions. You can also ask for your solicitor to be present during the interview.

If you are arrested and held in custody, you have a statutory right to consult a solicitor privately if you ask for one. See section 58 of the Police and Criminal Evidence Act 1984.

You can ask police to contact a solicitor of your choice. If you do not have one, you can ask for the independent duty solicitor on call. Police arrange contact with the duty solicitor, but the duty solicitor does not work for police and is independent of the investigation.

The usual rule is that, if you ask for legal advice, police should not start the interview until you have had the opportunity to speak to a solicitor privately. There are narrow legal exceptions in particular serious cases, but they are not routine.

For further information, see legal aid for police-station advice and your rights after arrest.

I am under 18 or may need extra support

Police must take extra care where a person is under 18 or may be vulnerable. This may include someone with a mental health condition, learning disability, autism, brain injury, cognitive or communication difficulty, sensory impairment, intoxication, withdrawal symptoms or another condition affecting their understanding or ability to take part.

Tell police as soon as possible if you need help. You can ask for:

An appropriate adult is there to support communication, understanding and fairness. They are not a substitute for a solicitor. Their role is to help ensure that you understand what is happening and can participate properly.

For a child or young person, police must arrange an appropriate adult before important procedures such as interview, unless a limited exception applies. For a vulnerable adult, police should arrange one if they have reason to suspect vulnerability. The adult must be suitable and independent of the investigation. A parent, carer or other adult may not be suitable if they are involved in the allegation, are a witness or victim, or have another conflict of interest.

A person can appear calm and still need an appropriate adult. If you are unsure, ask for legal advice and explain your needs.

What happens in a police interview?

Before the interview, police should explain why you are being interviewed and tell you about your rights. If you are under arrest, you should be told the grounds for arrest. If you are a suspect, police should usually give you the caution before questioning.

The interview is normally audio recorded or video recorded. Police may ask about the allegation, your movements, people you know, messages, devices, documents or other evidence. They may also ask questions about matters they consider relevant to the investigation.

There is no fixed interview length. An interview may be short or may take longer. It should not continue unfairly or if you are unwell or unfit to take part. You, your appropriate adult or your solicitor can ask for a break.

If your interview is voluntary, say clearly if you want to pause it or leave. Ask whether you are free to leave. Police may arrest you only if they then have a lawful power and reasonably believe arrest is necessary.

Do I have to answer every question?

No. You have the right to remain silent. If you are questioned as a suspect, police will normally give this 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.”

You can choose to answer questions, give a prepared statement, answer some questions, or make no comment. The best option depends on the allegation, the evidence, your circumstances and the advice you receive. Speak to a solicitor before deciding.

Can silence be used against me?

Silence is not proof of guilt. A court can consider whether to draw an adverse inference only in limited circumstances. For example, it may matter if you later rely on a fact in your defence which you did not mention when questioned under caution, and which you could reasonably have been expected to mention at the time.

A judge must give the jury a careful legal direction before an inference can be considered. The jury must look at all the circumstances, including your age, health, understanding, tiredness, fear, communication needs and the legal advice you received. An inference from silence cannot be the only or main basis for a conviction.

The law on possible inferences from silence is set out in section 34 of the Criminal Justice and Public Order Act 1994.

What are my rights during a police interview?

You can:

Police must treat people fairly and follow the rules governing detention, treatment and questioning. A failure to follow those rules may be relevant to whether evidence can be used in court, but you should obtain legal advice about your own circumstances.

What happens after a police interview?

What happens next depends on the investigation. Police may:

Being interviewed does not mean that you will be charged. Equally, being released after interview does not necessarily mean that the investigation has ended.

If police release you on bail or under investigation, ask what this means, whether you must return to a police station, and whether any conditions apply. Keep all paperwork and give it to your solicitor.

If you are not treated properly

Tell your solicitor as soon as possible if you believe that police did not respect your rights, did not provide an appropriate adult or interpreter, pressured you, continued while you were unwell, or did not give you a proper opportunity for legal advice.

Keep any paperwork, bail notice and custody record information. Write down what happened, including dates, times, names or collar numbers where known, as soon as you can.

You can complain to the police force about the conduct of an officer or staff member. A complaint may be important, but it is not always a substitute for urgent legal advice about an interview, bail, evidence or a possible court case. Read about making a police complaint.

Further information

Important

This information applies to England and Wales. It is general information, not legal advice. Get independent legal advice promptly if police ask to interview you, particularly if you are under 18, may be vulnerable, have a communication need, or are being investigated for a serious offence.