Preparation Checklist for a Police Interview
What to know and do before attending a voluntary or post-arrest police interview under caution.
Overview
A police interview under caution — whether following arrest or on a voluntary attendance basis — is a critical stage in any criminal investigation. What you say (or do not say) can have significant consequences at trial. You have the right to free legal advice before and during the interview. The caution ('You do not have to say anything. But it may harm your defence if you do not mention when questioned something you later rely on in court. Anything you do say may be given in evidence') explains the legal landscape: adverse inferences can be drawn from silence under ss.34–37 of the Criminal Justice and Public Order Act 1994.
Before the Interview
Speak to a solicitor before the interview — the duty solicitor is free of charge(Essential)
You are entitled to free legal advice under PACE 1984, s.58. Never waive this right. A solicitor can advise on what to say, what not to say, and protect you from oppressive questioning
Find out what you are alleged to have done and the basis for the interview(Essential)
Do not discuss the alleged matter with others before the interview(Essential)
Anything you say can be used in evidence and may create inconsistencies
If voluntarily attending, confirm whether you are a witness or a suspect(Essential)
During the Interview
Request your solicitor be present throughout the interview(Essential)
Understand the 'no comment' interview option — your solicitor will advise on whether to answer questions(Essential)
A prepared statement can be read at the start of the interview if advised; this limits adverse inference from later silence
Listen carefully to each question before responding
Correct any factual inaccuracies in the questions put to you
Practical Matters
Bring ID if voluntarily attending
Note the date, time, interviewing officers' names, and station
Request a copy of the interview record or tape