A police interview can feel like the point at which everything becomes real. Whether you have been arrested, asked to attend voluntarily or contacted about an allegation, your police interview rights can affect what happens next. The safest step is to ask for legal advice before answering questions, however straightforward the situation may appear.
Cooper Hall Solicitors provides 24-hour police station representation for people facing investigation in England, as part of our wider criminal defence work. Early advice can help you understand the allegation, deal with immediate risks and avoid a decision made under pressure that may be difficult to put right later.
Your right to free legal advice
At a police station, you have the right to free and independent legal advice [1]. This applies whether you have been arrested or are being interviewed voluntarily. You may ask for the duty solicitor, or ask the police to contact a solicitor you choose. The advice is free regardless of your income [2] and asking for it is not a sign that you have something to hide.
You should be allowed to speak to your solicitor privately before the interview. Your solicitor can explain the process, consider the information disclosed by the police, advise on whether to answer questions and attend the interview with you. They can also raise concerns about your treatment, welfare or fitness to be questioned.
If you are arrested, the custody officer must tell you about your rights, including the right to legal advice and the right to have someone told that you have been arrested [3]. These protections come from the Police and Criminal Evidence Act 1984 (PACE) and its Code of Practice C, which sets out the safeguards police must follow when detaining, questioning and caring for suspects [4].
Do not assume a voluntary interview is informal
A voluntary interview is not an arrest, and you are free to leave unless you are arrested. However, it is still a formal interview under caution, recorded and capable of being used as evidence. Police may invite someone to a station, arrange an interview elsewhere or conduct one by appointment. The word “voluntary” does not mean there is no legal risk.
Before agreeing to a voluntary interview, ask whether you will be interviewed under caution, what the allegation is and whether a solicitor can attend. Do not rely on an assurance that the police only want “a quick chat”. If questions may concern suspected offending, get legal advice first.
The police caution and your right to remain silent
At the start of a formal interview, the police give the 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 are not required to answer questions simply because they are asked. However, choosing silence is not always a simple or risk-free decision. In certain circumstances, a court may draw an adverse inference where a person later relies on facts they could reasonably have mentioned when questioned [5].
That is why generic advice such as “say no comment to everything” can be unsafe. Equally, trying to explain matters without understanding the evidence can create damaging inconsistencies. The right approach depends on the allegation, the information disclosed, your account and any evidence that needs to be preserved or checked. Take advice before deciding how to respond.
What should happen before questioning
Once you have asked for legal advice, the police should not normally interview you until you have received it. Delaying access to a solicitor is only allowed in limited, exceptional circumstances set out in PACE [1] [4].
Before interview, the police should give enough information for you and your legal representative to understand the nature of the suspected offence and why you are being questioned [4]. The amount of detail can vary, particularly where officers are protecting an ongoing investigation, but you should not be left entirely in the dark.
If you do not speak or understand English well, you are entitled to an interpreter. If you are under 18, or vulnerable because of a mental health condition, learning disability or another reason affecting your ability to understand or communicate, an appropriate adult should be involved [4]. An appropriate adult is not a substitute for a solicitor. Their role is to support fair communication and safeguard your welfare.
If you are unwell, distressed, intoxicated, exhausted or unable to understand what is happening, say so clearly. The police must consider whether you are fit to be interviewed and whether medical help or additional safeguards are needed.
During the interview
Police interviews are normally audio-recorded, and some are also video-recorded. Listen carefully to each question. If you do not understand it, say so. Do not guess, fill gaps in your memory or agree with a suggestion simply to bring the interview to an end.
You can ask for a break. You can ask to speak with your solicitor privately if a new issue comes up or you are unsure how to proceed. Your solicitor may intervene where questioning is unfair, unclear, oppressive or outside the proper scope of the interview.
Stay calm where possible, but do not mistake calmness for agreement. A polite answer can still be inaccurate or incomplete. If officers suggest that speaking without advice will make matters easier, repeat that you want legal advice.
After the interview: what may happen next
An interview does not necessarily mean you will be charged. The police may take no further action, release you under investigation, release you on bail while enquiries continue, or charge you with an offence [6]. The next step depends on the evidence, the alleged offence and any further enquiries considered necessary.
If you are charged, the police must decide whether you are released on bail or kept in custody to go before a court. Our guide to bail versus remand explains the difference. If you are released on bail, keep every document you receive and comply with any bail conditions. Missing a return date, contacting someone when prohibited or breaching a location condition can create further problems.
When deciding whether a case should proceed, the Crown Prosecution Service applies the Code for Crown Prosecutors: there must be enough evidence for a realistic prospect of conviction, and a prosecution must be in the public interest [7]. Not every investigation results in a charge, but this is why early, accurate legal advice matters.
Practical steps that protect your position
There are a few decisions worth making before and during any police interview:
- Ask for a solicitor straight away, even if you believe the matter is a misunderstanding.
- Ask what allegation is being investigated and whether you are under caution.
- Do not discuss the facts with other detainees, friends or on social media while the investigation is ongoing.
- Tell the custody officer if you need medication, an interpreter, medical attention or an appropriate adult.
- Read bail and release paperwork carefully before leaving the station.
You do not need to decide your whole case at the police station. You do need to protect your position there. The first account given to police can shape the investigation, and a properly advised interview gives you a sound footing for whatever follows.
Police interview rights FAQs
Can police interview me without a solicitor?
They must ask whether you want legal advice, and you are entitled to it. A formal interview should only go ahead without a solicitor if you choose not to have one, or in limited circumstances allowed by PACE Code C [4]. Asking for advice is usually the sensible course.
Is the duty solicitor really free?
Yes. Advice from the duty solicitor at the police station is free, whatever your income [2]. You may also ask for a named solicitor.
Should I answer “no comment” to every question?
Not automatically. Silence can sometimes have legal consequences if you later rely on facts not mentioned in interview [5]. Whether to answer, give a prepared statement or make no comment is a decision to take after legal advice.
Can I leave a voluntary police interview?
Yes, unless you are arrested. However, police may decide to arrest you if they believe the legal grounds are met [8]. Ask directly whether you are free to leave and speak to a solicitor before making decisions.
Can a parent attend with a child?
A person under 18 must have an appropriate adult. A parent may act in that role where suitable, but this does not replace independent legal advice [4].
Arrested, or asked to attend a police interview? Call our 24-hour police station line on 07494 299377. For other criminal defence enquiries, call 0333 777 5001.
Sources
- Police and Criminal Evidence Act 1984, section 58 (access to legal advice): https://www.legislation.gov.uk/ukpga/1984/60/section/58
- GOV.UK, Being arrested: your rights (legal advice at the police station): https://www.gov.uk/arrested-your-rights/legal-advice-at-the-police-station
- Police and Criminal Evidence Act 1984, section 56 (right to have someone informed when arrested): https://www.legislation.gov.uk/ukpga/1984/60/section/56
- Home Office, PACE Code C 2023 (detention, treatment and questioning of persons by police officers): https://www.gov.uk/government/publications/pace-code-c-2023
- Criminal Justice and Public Order Act 1994, section 34 (effect of failure to mention facts when questioned or charged): https://www.legislation.gov.uk/ukpga/1994/33/section/34
- Police and Criminal Evidence Act 1984, section 37 (custody officer’s decision on charge, bail or release): https://www.legislation.gov.uk/ukpga/1984/60/section/37
- Crown Prosecution Service, The Code for Crown Prosecutors: https://www.cps.gov.uk/publication/code-crown-prosecutors
- Police and Criminal Evidence Act 1984, section 24 (arrest without warrant and the necessity test): https://www.legislation.gov.uk/ukpga/1984/60/section/24
