What Happens During a Police Interview?

A police interview is a formal process in which investigating officers ask you questions about an alleged crime or incident and give you the chance to respond. It is usually conducted under caution, either at a police station or during a "voluntary" attendance.

Remember, you have the right to remain silent and to free legal advice before and during the interview, but what you say (or don't say) can be used as evidence, and in some cases a court may draw an inference from your silence.

Getting legal advice before answering questions can help you understand the allegation, the information available to the police and the options available to you.

Table of Contents

What Is a Police Interview?

A police interview is a formal questioning process used to investigate a person's suspected involvement in a criminal offence. The police will ask questions about the allegation and record your answers as part of the investigation.

A suspect interview is normally conducted under caution. The police may ask about:

• What happened.
• Where you were.
• Who you were with.
• What you did.
• What you knew about the alleged offence.
• Your movements before or after the incident.
• Evidence the police believe connects you to the allegation.
• Any explanation or defence you may have.

The purpose of the interview is to obtain and test information relevant to the investigation.

Will the Police Tell Me Why I Am Being Interviewed?

Yes. Before questioning you about the suspected offence, the police should provide information about the nature of the offence and why they believe you are involved, with sufficient information to allow you to understand the allegation and defend yourself, subject to the needs of the investigation.

Your solicitor can ask the police what information they are prepared to disclose before the interview and use it to advise you.

Do I Have to Attend a Police Interview?

If you are arrested, you are generally required to remain in police custody and may be required to attend an interview. If you are invited to a voluntary interview, you are not under arrest and generally have the right to leave unless you are arrested.

A voluntary interview is still a formal police interview and can have significant consequences. GOV.UK confirms that you do not have to consent to a voluntary interview and that you have the right to free legal advice.

If you receive an invitation to attend a voluntary interview, it is sensible to obtain legal advice before agreeing to attend or answering questions.

Can I Have a Solicitor During a Police Interview?

Yes. You have the right to legal advice and can ask for a solicitor to be present during your police interview. Legal advice at the police station is free in many circumstances, including through the duty solicitor scheme.

A solicitor can:

• Speak to you privately before the interview.
• Explain the allegation and your legal position.
• Review information disclosed by the police.
• Advise you about the interview strategy.
• Advise you about answering questions or remaining silent.
• Attend the interview with you.
• Monitor the interview process.
• Raise appropriate concerns with the police.

The College of Policing states that a legal adviser can monitor compliance with PACE and the PEACE interviewing framework and may intervene where appropriate, including where questions are unclear or oppressive.

Asking for a solicitor does not mean you are guilty or that you have done anything wrong. GOV.UK specifically confirms this.

What Happens Before the Police Interview?

Before the interview begins, your solicitor should discuss the allegation and available information with you and advise you about how to approach the interview.

Your solicitor may want to establish:

• What offence is being investigated.
• Why you have been asked to attend or arrested.
• What the police have told you about the allegation.
• What evidence or information has been disclosed.
• Your account of what happened.
• Any potential witnesses.
• Any documents, messages or other evidence that may support you.
• Any issues concerning your health, vulnerability or ability to participate in the interview.

The College of Policing guidance recognises the importance of pre-interview consultation between investigators and legal advisers.

What Happens When the Police Interview Starts?

At the beginning of the interview, the police should identify those present, explain that the interview is being recorded where applicable and give the suspect the police caution before questioning about the offence.

The interview will normally involve:

1. The interviewer introducing themselves and identifying everyone present.
2. The date, time and location being recorded.
3. The caution being given.
4. The police explaining the subject of the interview.
5. Questions being put to you.
6. Your answers being recorded.
7. The interviewer asking further questions to clarify or test your account.

Police investigative interviewing is structured around the PEACE framework, with interviewers expected to plan and prepare before questioning a suspect.

What Is the Police Caution?

The police caution tells you that you do not have to say anything, but that failing to mention something you later rely on in court may harm your defence in certain circumstances. Anything you do say may be used as evidence.

The caution is an important reason why you should consider legal advice before answering questions.

The appropriate approach to an interview depends on the facts and evidence in your case.

Can I Remain Silent During a Police Interview?

You have the right to remain silent when questioned about a suspected offence, but remaining silent can have legal consequences in some circumstances. You should speak to a solicitor before deciding whether to answer questions, provide a prepared statement or give a no-comment interview.

There is no automatic rule that remaining silent is always the best option.

Depending on the circumstances, your solicitor may advise you to:

• Answer the questions.
• Provide a prepared statement.
• Answer some questions.
• Give a no-comment interview.

Your solicitor should consider the allegation, available evidence, your account and any potential defence before advising you.

What Is a No-Comment Interview?

A no-comment interview is an interview where the suspect does not answer the police questions. However, choosing to say “no comment” should not be treated as a simple decision without legal advice because there can be circumstances where silence may affect your defence.

The police can continue to ask relevant questions even if you respond with “no comment”. The College of Policing guidance states that investigators should continue to put relevant questions to a suspect who exercises the right to silence.

A solicitor can advise you whether a no-comment approach is appropriate in your particular circumstances.

Can the Police Use What I Say in the Interview as Evidence?

Yes. What you say during a police interview can be recorded and may be used as evidence in criminal proceedings.

This is why it is important to understand the allegation and obtain legal advice before answering questions.

Your solicitor can help you understand the potential significance of your answers and identify issues that may need to be addressed during the interview.

Is the Police Interview Recorded?

Police interviews are recorded, usually via audio or video in accordance with the applicable rules. The recording provides a record of the questions asked and the answers given during the interview.

The exact recording arrangements can depend on the type and circumstances of the interview.

Your solicitor can advise you about the recording and how the interview record may be used.

Can My Solicitor Answer Questions for Me?

No. Your solicitor cannot answer the police questions on your behalf. Their role is to advise and support you, monitor the interview and intervene where appropriate.

The College of Policing explains that a legal adviser can advise their client and make appropriate representations, but cannot prevent the suspect from answering questions if they choose to do so.

Your solicitor is there to help you make informed decisions, not to give your answers for you.

Can My Solicitor Stop the Police Asking Certain Questions?

A solicitor cannot simply prevent the police from asking questions, but they can raise appropriate objections or request clarification where the interview is being conducted improperly or questions are unclear, oppressive or irrelevant.

A solicitor can also monitor whether the interview is being conducted in accordance with the relevant legal safeguards.

What If I Am Attending a Voluntary Police Interview?

If you are attending a voluntary police interview, you are not under arrest and generally have the right to leave unless you are arrested. You also have the right to free legal advice and can ask for a solicitor to attend the interview with you.

Do not assume that a voluntary interview is informal or unimportant.

Your answers can form part of the police investigation and may be used as evidence.

Before attending, consider obtaining legal advice so you understand:

• Why the police want to interview you.
• What offence is being investigated.
• What information the police have given you.
• Whether you should answer questions.
• Whether a solicitor should attend with you.

Can I Get a Free Solicitor for a Police Interview?

Yes. You can request free legal advice for a police interview, including a voluntary interview. You can ask for a solicitor of your choice who undertakes legal-aid work or request the duty solicitor.

If you already have a solicitor, you can ask the police to contact them.

If you need criminal defence advice for a police interview, contact Moeen & Co. Solicitors on 0203 959 7755.

What If I Am Under 18 or Vulnerable?

Children and vulnerable suspects can have additional safeguards during a police interview, including the involvement of an appropriate adult in relevant circumstances.

An appropriate adult can help the suspect understand what is happening and safeguard their interests. GOV.UK confirms that an appropriate adult may also request a solicitor on the suspect's behalf.

If you are concerned about your ability to understand or participate in an interview, tell the police and your solicitor before questioning begins.

Can I Have an Interpreter During a Police Interview?

Yes. If you need an interpreter because you do not understand or speak English, the police should arrange appropriate assistance. This is provided free of charge.

You should tell the police as soon as possible if you need an interpreter or other communication assistance.

How Long Does a Police Interview Take?

There is no single fixed length for every police interview. The duration depends on the allegation, the number of issues being investigated, the evidence and the questions that need to be covered.

Interviews can be relatively short or may take considerably longer in complex cases.

You should be given appropriate breaks, and your solicitor can raise concerns if the interview is becoming unsuitable or unreasonable.

What Should I Do Before a Police Interview?

Before attending a police interview, ask for legal advice and make sure you understand why the police want to question you. Do not assume that attending voluntarily means the interview is informal or that you have nothing to worry about.

Before the interview:

• Ask for a solicitor.
• Find out what allegation is being investigated.
• Tell your solicitor your account of events.
• Explain anything that may support your position.
• Tell your solicitor about relevant witnesses or evidence.
• Tell the police if you need an interpreter or other assistance.
• Do not delete, alter or destroy potentially relevant evidence.
• Follow your solicitor's advice about how to approach the interview.

What Happens After the Police Interview?

After the interview, the police may continue investigating the allegation before deciding what action to take. You may be released without charge, released on bail, released under investigation or charged, depending on the circumstances and evidence.

The interview is only one part of the wider investigation.

If you are released after an interview, keep any paperwork provided by the police and follow any bail conditions or other instructions.

Can a Police Interview Lead to a Criminal Charge?

Yes. A police interview can form part of the evidence considered when the police and, where appropriate, the Crown Prosecution Service decide what action should be taken. An interview does not automatically mean that you will be charged.

The outcome depends on the circumstances and evidence in the case.

If you are concerned about what may happen after your interview, speak to your solicitor as early as possible.

What Should I Do If I Have Been Asked to Attend a Police Interview?

If the police have asked you to attend an interview, get legal advice before attending. A solicitor can explain your rights, discuss the allegation with you and advise you on how to approach the interview.

You do not need to wait until you are arrested before seeking legal advice.

This is particularly important for voluntary interviews because, although you are not under arrest, the interview can still have significant consequences.

Can Moeen & Co. Solicitors Help with Police Interviews?

Yes. Moeen & Co. Solicitors provides criminal defence advice and representation for people attending police interviews in London, whether they have been arrested or invited to attend voluntarily.

Our criminal defence solicitors can assist with:

• Police station interviews.
• Voluntary police interviews.
• Advice before questioning.
• Representation during interviews.
• No-comment interviews.
• Criminal investigations.
• Police bail.
• Advice following arrest.
• Magistrates' Court proceedings.
• Crown Court proceedings.

Obtaining legal advice before an interview can help you understand your position and make informed decisions about how to respond to police questions.

Need a Criminal Defence Solicitor for a Police Interview?

If you have been asked to attend a police interview or have been arrested, contact Moeen & Co. Solicitors on 0203 959 7755 for criminal defence advice and representation.