What are my rights when being interviewed by police?

A police interview under caution is a formal process with significant legal implications. Understanding your rights before you enter that room is critical.

Your most important right is the right to speak to a solicitor before the interview begins. This is free, it is private, and you should always exercise it before answering questions. Even if you intend to answer every question honestly, a solicitor can advise you on the likely lines of questioning, the strength of the evidence, and whether particular answers could harm your interests. It is your right and there is no good reason to waive it.

Before questioning starts, you will be cautioned again. The caution warns you that it may harm your defence if you fail to mention something you later rely on in court. This means that while you have the right to remain silent, exercising that right in certain circumstances can allow the court to draw an adverse inference. Your solicitor will advise you on when and how to answer questions.

The interview must be audio recorded. At the start, the officer will state the date, time, and the names of everyone present. The recording protects you as much as it protects the police: it provides an objective record of exactly what was said.

You have the right to have an appropriate adult present if you are under 18 or have a mental disorder or vulnerability. In these cases, the interview cannot proceed until an appropriate adult is with you.

You can stop the interview at any time to speak to your solicitor. You can also ask for breaks, for example if you feel unwell or need to use the toilet. Officers must not conduct the interview in an oppressive manner. If at any point you feel the interview is being conducted unlawfully or oppressively, tell your solicitor.

Key Points

• You have the right to speak to a free and independent solicitor before interview
• You will be cautioned before interview: listen carefully to the wording
• The right to silence exists, but adverse inferences can be drawn in some circumstances
• All interviews must be audio recorded
• You can stop the interview at any time to speak to your solicitor
• If under 18 or vulnerable, an appropriate adult must be present
• Officers must not use oppression, threats, or inducements during questioning
• You do not have to answer questions that you have not had the opportunity to discuss with a solicitor