In this article
To help reduce some of the stress surrounding police interviews, we want to help you understand your rights and prepare for this process.
In this blog, we’ll explore what interviews under caution entail, the legal framework governing them, and your rights and responsibilities as an interviewee.
Looking to cut to the chase? If you need a solicitor to help you with an interview under caution, just call us on 0203 007 5500, or submit a contact form.
What is an interview under caution?
An interview under caution in England and Wales is a formal process where police officers or authorised investigators question someone about a criminal offence.
As you are under caution, it means the authorities have reason to believe you somehow have information or a connection to the crime.
Depending on the circumstances the interview under caution can be voluntary or involuntary.
If you have been asked to attend a voluntary interview, refer to our blog on Voluntary Police Interviews.
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Does an interview under caution mean I’m under arrest?
No, an interview under caution doesn’t necessarily mean you’re under arrest.
Law enforcement uses interviews under caution when they believe you have information about a crime. The process ensures you know your rights and the potential consequences of your statements.
Interviewing under caution ensures that anything you say can be used as evidence in court, and protects your right to remain silent.
If you’re not under arrest, you have the right to leave the interview at any time. However, the police may arrest you if they have sufficient grounds.
It’s crucial to seek legal advice before attending an interview under caution to ensure your rights are protected throughout the process.
How will I get notified if I am being interviewed under caution?
The police may get in contact directly, either by phone, letter or in person.
The police will arrest you for questioning if they believe you are an immediate risk to the public, a flight risk, or if evidence needs securing.
In England and Wales, the police can hold an individual in custody for a maximum of 24 hours without charging them. This time frame enables the police to investigate and interview their suspect.
If the arrest relates to a serious crime, such as murder or terrorism, the police can extend the 24 hours.
The caution
All interviews under caution begin with the investigating officer giving the interviewee a formal warning, known as 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.”
The caution serves to:
- Inform you of your right to remain silent
- Warn you that silence or omissions could affect your defence in court
- Notify you that your statements will be recorded and may be used as evidence
All interviews under caution (voluntary and from arrest) must align with the Police and Criminal Evidence Act (PACE).
What are the different interviews under caution?
Voluntary interviews
A voluntary interview under caution occurs when a person agrees to an interview without a police arrest. Key features include:
- Freedom to leave at any time (though non-cooperation could lead to arrest)
- Right to legal advice before and during the interview
- Formal caution at the beginning of the interview
Although you are free to leave at any time, the authorities take voluntary interviews as seriously as an arrest. If you avoid, refuse or leave the interview, the police may arrest you to gather the information they need.
Involuntary interviews
An involuntary interview under caution takes place following an arrest. Characteristics include:
- Detention until the interview concludes (unless bailed or transferred to court)
- Right to legal advice
- Formal caution, as in voluntary interviews
If you face an arrest, it’s best to exercise your right to remain silent until your solicitor is present.
Key aspects of the interview process
Right to legal representation
Regardless of whether you are under arrest, you have the right to legal representation. A solicitor can:
- Review the full custody record
- Challenge pre-interview disclosure and evidence
- Negotiate potential out-of-court disposals
- Clarify the caution, evidence, position and options
- Advise on whether to answer questions, submit a prepared statement, or remain silent
- Protect and advocate for your rights throughout the interview.
Even if you believe you’re innocent, legal representation can provide invaluable support and guidance, and help to prevent unintentional self-incrimination.
Recording of interviews
To ensure accuracy and transparency, the police record all interviews under caution by audio or video.
The recording method depends on the severity of the offence and available facilities.
Audio recording is usually for less serious offences. Video recording is often for more serious offences as footage can provide evidence in court showing facial expressions and body language.
Presence of an appropriate adult
For interviews with juveniles (under 18) or vulnerable individuals, an appropriate adult must be present. This person could be a family member, guardian, social worker, or volunteer from an appropriate adult scheme, such as the National Appropriate Adult Network. They help safeguard the interviewee’s rights throughout the process.
A vulnerable individual is someone who may have difficulty understanding the interview process or their rights due to:
- Age: Individuals under 18 years old are automatically considered vulnerable.
- Mental health conditions: This includes diagnosed mental conditions that impair judgment or comprehension.
- Learning difficulties: Any condition that affects someone’s ability to process information or communicate effectively.
- Cognitive impairments: Such as those resulting from brain injuries or neurological disorders.
Having an appropriate adult present is crucial for the integrity of the interview process and the well-being of the vulnerable individual.
Implications of the interview
The statements made during an interview under caution can significantly impact the outcome of a case.
Your admissions, denials, or omissions can influence whether authorities bring charges against you. Legal practitioners meticulously review interview records to identify any procedural issues or improper conduct that could affect the admissibility of evidence.
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What happens after an interview under caution?
After the interview, several outcomes are possible, including:
- No Further Action (NFA): The police release you without a charge and inform you that no further action will be taken against you.
- A Simple Caution: This is an ‘out of court disposal’ with an admission of guilt. If the police have enough evidence and you admit the crime, they can offer a caution without court prosecution.
- Conditional Caution: If you admit you’re guilty of the crime, the police can apply a conditional caution. This means you must comply with their conditions. This can include attending rehabilitation sessions, apologising, paying damages, or paying a fine.
- Release on bail with a return date: If the investigating officer needs to make further enquiries prior to their decision, they will release you on bail to return on a certain date.
- Release Under Investigation (RUI): This is similar to the above but there is no set return date.
- The police charge you with a criminal offence.
If the police notify you of an interview, or you have already been interviewed, you should get legal representation as soon as possible to ensure you don’t implicate yourself.
Does an interview under caution go on my criminal record?
An interview under caution doesn’t automatically appear on your criminal record or DBS check.
If you receive No Further Action, it typically won’t appear on a DBS check.
Some cautions are disclosed in certain circumstances, particularly in enhanced DBS checks or for specific occupations. You can submit a police deletion application if you find yourself in this position.
Simple cautions are considered as ‘spent’ convictions, meaning the sentence is over. However, enhanced DBS checks may show information about all convictions, whether they are spent or not.
Conditional cautions appear in both simple and enhanced DBS checks. Conditional cautions fall under the protection of the Rehabilitation of Offenders Act. This means you don’t need to disclose unless it is for an exempt occupation to the Act, like working with children.
Interviews under caution are a crucial component of the criminal investigation process in England and Wales. They balance effective law enforcement with the protection of individual rights.
If you are facing an interview under caution, it is imperative to seek legal advice to navigate the complexities of the process and prevent further implications. Our criminal law solicitors have a thorough understanding of PACE and the nuances of interview procedures.
How can Britton and Time Solicitors help?
We know how worrying an interview under caution can be. That’s why our initial consultations with our expert criminal solicitors offer you:
- Unlimited time to go through the details of your case and ask any questions
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply call us on 0203 007 5500.
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