Police Interview Under Caution Solicitor

There are two ways in which you can be interviewed under caution by the Police. The first is whilst under arrest and detained in a custody suite. The second is being asked to attend by the police, or other prosecuting authority, for a voluntary interview. In either scenario, our experienced team will be by your side, ensuring your interests are fully protected and you receive the best legal advice available. It is important to contact a specialist interview under caution solicitor who will help you navigate the interview ensuring your best interests are protected.

As one of the UK’s top criminal law firms, Reeds Solicitors have decades of experience in advising and representing people in police interviews under caution. Whether you are an individual or a person nominated to represent a large, multi-national company, you can be confident that our Criminal and Regulatory Law team will fight tenaciously on your behalf.

Our team are regularly mentioned in the Legal 500. In 2023, we were named one of the UK’s top law firms by The Times, specially commended for criminal law.

“No solicitor in criminal work prepares their cases better for client or counsel. Shows full commitment to the cause in every case, giving sound, reliable and properly objective advice that clients need, even if it doesn’t make easy hearing.” – Mark Abbott

When being interviewed under caution you have the legal right to request the presence of a Criminal Defence Legal Representative.

By instructing Reed Solicitors, you can trust that our team will:

• Find out the reasons the police, or other prosecuting authority, want to interview you under caution and the evidence they have to justify their suspicions of you being involved in a criminal offence.
• Talk with you in private before the interview and explain the reasons the police want to speak to you, so you are not taken by surprise.
• Obtain your instructions in strict confidence and provide you with tailored advice, based on the evidence disclosed and your instructions to us.
• Attend the interview with you to provide ongoing advice, and ensure the interviewer does not exceed their powers and follows the Codes of Practice under the Police and Criminal Evidence Act 1984 (PACE 1984), which sets out how an interview under caution should be conducted.
• After the interview, we will monitor your case and update you with developments as they arise.
• You also have the additional option of instructing us privately to represent you. A private instruction is also able to be given to undertake work on your behalf before and/or after your interview.

What is an interview under caution?

An interview under caution is conducted by the police or other prosecuting agency when a person or company is suspected of committing a criminal offence. The interview under caution is conducted to gather evidence, establish the facts of the case, and allow the suspect an opportunity to provide their account of events. It is part of the investigation process and is often used to determine whether there is enough evidence to proceed with a criminal prosecution.

What is a ‘caution’?

At the beginning of the interview, you will be formally cautioned. The caution wording is: “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.”

Are interviews under caution recorded?

Yes, the interview is typically recorded in its entirety, either through audio or video recording, or both, to ensure accuracy and transparency. Interviews can sometimes also be recorded via a body-worn camera but must still be PACE compliant.

The record must state the place of the interview, the time it begins and ends, the time the record is made (if different), any breaks in the interview, and the names of all those present. The record must be in accordance with the Code of Practice for the audio recording of interviews with suspects.

Can I have an interview under caution Solicitor or Legal Representative present during the interview?

Absolutely. Many people fear that asking for their Criminal Law Legal Representative to attend the interview is an admission of guilt. This is not the case; you have a legal right to talk to your Legal Representative before you attend the interview and have them by your side during the interview process. You are also able to seek, and be provided with, further legal advice at any stage during the interview.

Can I refuse to attend a police interview under caution?

If you are asked to voluntarily attend a police interview under caution you can refuse; however, you risk being arrested (Code G of PACE 1984). We would almost always advise that you co-operate with the police but have a Criminal Law Legal Representative present at all times. To read more, you can read our landing page about voluntary interviews here or our article on the topic here.

In some cases, the Investigating Officer will refuse to disclose certain information to us. If this happens, we may decide that we do not have enough knowledge of the matter to advise you properly. Occasionally, your specialist interview under caution solicitor may recommend you say ‘no comment’ when asked questions by the police.

How long does a police interview last?

There is no ‘one size fits all’ approach to this question, as it will be dependent upon the allegation(s) being investigated. A police interview must end when:

• The Investigating Officer is satisfied that all the questions they consider relevant to the allegation(s) have been asked.
• You have had the opportunity to give an explanation.
• The interviewer has asked any relevant questions to test your explanation.
• The Investigating Officer has considered all other available evidence.

How we can help you

As one of the country’s most respected criminal law firms, we have an in-depth knowledge of police practices and interview tactics. Furthermore, our team are highly respected by the police, who are fully aware that we will leave no stone unturned to protect the best interests of our clients.

Following an interview whilst under arrest, if the police are considering releasing you on pre-charge bail, we will carefully assess the proposed conditions and challenge the police to show that bail, and the conditions proposed, is both necessary and proportionate.

Our team will tenaciously investigate your case and do everything possible to end your involvement in any criminal investigation. If you are charged with an offence, we will work tirelessly to attempt to have those charges dropped before the Court date.   If criminal prosecution proves inevitable, we can advise you on your eligibility for Legal Aid for Court representation or quote you for private representation at Court, if you are ineligible for public funding.

You can be assured that your case will be meticulously prepared and presented at every stage of the process.

Our Criminal Defence team has the expertise and experience required to advise and represent you if you have been asked to attend an interview under caution. To speak with an interview under caution solicitor, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.