If the police suspect you of an offence they will want to interview you under caution, either after arrest or as a "voluntary" interview you have been invited to. The same core rights apply to both.

The caution

Before any interview you must be cautioned:

"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 wording has been used since the Criminal Justice and Public Order Act 1994 came into force in 1995. The older version ("You have the right to remain silent, but anything you do say will be taken down and may be used in evidence") was replaced because the 1994 Act allowed courts to draw "adverse inferences" from silence. In plain terms: you still cannot be convicted for staying silent, but if you later raise a defence in court that you could reasonably have mentioned in interview, the court may ask why you did not.

Your rights before and during the interview

  • Free legal advice. You can have a solicitor, free of charge, whatever your income, before and during the interview. You can speak to them in private. You can stop the interview to consult them. This applies to voluntary interviews too.
  • Time with your solicitor. The police should tell your solicitor what the allegation is (disclosure) so they can advise you properly.
  • Recording. Interviews must be audio recorded, and often video recorded. You can get a copy of the recording through your solicitor if you are charged.
  • Breaks. You should be offered breaks at normal meal times and short breaks roughly every two hours, and you must have at least eight hours' rest in any 24 hours while detained.
  • An appropriate adult if you are under 18 or vulnerable, in addition to a solicitor.
  • An interpreter if you need one.
  • Reasonable conditions: the room must be adequately lit, heated and ventilated, and you should not be made to stand.

Your options in the interview

With your solicitor you can choose to answer questions, to answer "no comment" to everything, to hand in a prepared written statement and then say nothing further, or to answer some questions and not others. Each has consequences and the right choice depends on the evidence against you, which is exactly why you should take advice first. Officers may not use oppression, threats or inducements to get answers; anything obtained that way can be excluded by a court.

A voluntary interview is still a real interview

If you are asked to "pop in for a chat", that is an interview under caution. You are free to leave, but anything you say counts, and the same adverse-inference rule applies. You are entitled to free legal advice beforehand and you can ask for the interview to be arranged around your solicitor's availability.

If you are autistic, have ADHD, a learning disability or a mental health condition, tell the officers and your solicitor: you are entitled to an appropriate adult and to adjustments in how the interview is run. See our guides on autism and ADHD, and on sensory processing differences.

This is general information for England and Wales, not legal advice. If you have been arrested or charged, speak to a solicitor: advice at the police station is free for everyone.