Police Interview Procedures

Police interviews of suspects are governed primarily by Code C of the PACE Codes of Practice. Before any interview begins, the interviewing officer must caution the suspect. The current caution reads: "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 is designed to communicate both the right to silence and the potential adverse inference that a court may draw from later reliance on matters not mentioned during interview.

Before interview, a suspect who is detained at a police station has the right to consult a solicitor privately and at public expense. This right must not be denied except in very limited circumstances (such as where a superintendent reasonably believes that exercising the right to legal advice would lead to alerting other suspects, interference with evidence, or hindrance to the recovery of property: s.58(8) PACE delays the entire right, not access to a specific solicitor). Where a detained person declines legal advice, the interviewing officer must ensure this is properly recorded and, in many cases, must give the suspect a further opportunity to seek advice before interview begins. The right to legal advice extends throughout the interview: a solicitor may be present and may intervene to advise the client.

All interviews of suspects at police stations must be audio-recorded, and where the offence is a serious one, video-recorded. The recording must capture the entire interview, including breaks. The suspect and their solicitor are entitled to a copy of the recording or a transcript. Interviews of juveniles or mentally vulnerable persons must take place in the presence of an appropriate adult, who has the right to participate in the interview and to advise the interviewee.

The PEACE model (Preparation and Planning, Engage and Explain, Account, Closure, Evaluate) is the framework used by police to conduct ethical, effective interviews. PEACE is an investigative, non-coercive approach: it is not designed to obtain confessions but to gather accurate and reliable information. Officers are trained not to use oppression or deception in a way that might make any resulting evidence unreliable. Evidence obtained through oppressive questioning may be excluded by the court under section 76 of PACE (confessions) or section 78 (general discretion to exclude unfair evidence).