What is the caution?
Before the interview begins, the police must read you 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.’ This is a legal threshold — you must have a solicitor present.
Your options in interview
- Answer all questions — only advisable in limited circumstances with solicitor guidance
- Remain silent — your right, but may allow adverse inference in some cases
- Provide a prepared statement — a carefully drafted account read at the start
- Answer some questions and decline others — with solicitor guidance
How we prepare you
- We review the grounds of your arrest before the interview
- We advise on which approach best protects your position
- We can draft a prepared statement on your behalf
- We attend the interview with you and intervene if questions are improper
What happens after the interview?
After the interview the police will either release you on bail, release you under investigation, charge you, or take no further action. We advise you at every stage and will represent you in any further proceedings.
Frequently asked questions
No. You have a legal right to silence. However, under the Criminal Justice and Public Order Act 1994, courts can sometimes draw adverse inferences from silence. Whether to answer, stay silent, or provide a prepared statement depends entirely on the evidence and your individual circumstances — always take advice before the interview.
A no-comment interview is one where you answer every question with ‘no comment’. It is a legitimate legal strategy — not an admission of guilt. Your solicitor will advise whether it is the right approach for your case. In many situations, a carefully prepared statement is a better alternative.
A prepared statement is a written document, drafted with your solicitor, that is read out at the start of the interview. It sets out the key facts you wish to rely on without the risk of being cross-examined verbally. It protects you from adverse inference while putting your position on record.
Yes. A caution interview can take place at your home, workplace, or another location. The same rules apply — you have the right to a solicitor and the caution must be administered. Contact us before any interview, wherever it takes place.
The police will either release you under investigation (RUI), release you on bail while they gather further evidence, or charge you. If charged, the case proceeds to court. We advise at every stage from interview through to any subsequent proceedings.