How to react if you are asked to attend a police interview under caution?

Being interviewed under caution by the police can be a stressful experience. An interview under caution normally means that you have not been arrested and are asked to attend an interview.

Sometimes, police prefer voluntary interviews for several reasons. First, it allows them to gather more information before deciding on an arrest. This can be crucial if they have a hunch about someone's involvement but lack solid evidence. Second, voluntary interviews are generally less resource-intensive than arrests. There's no need for detainment, saving time and money for the police.

Understanding your rights and approaching a police interview strategically is crucial. Remember, you are not obligated to answer questions or incriminate yourself. If unsure, always request access to a solicitor.

How we can help you

Our criminal and regulatory lawyers regularly advise individuals, directors, business owners and companies before and during interviews under caution.

Where instructed before an interview, we can contact the investigating authority and seek appropriate pre-interview disclosure about the suspected offences, conduct under investigation and key evidence. This allows us to assess the issues and advise on strategy, including whether to answer questions, provide a prepared statement or take another approach.

Our specialist experience includes:

• Fraud and financial crime – including false representation, false accounting, employee fraud, money laundering and other financial offences.

• Directors and business owners – particularly where investigators are considering potential liability of both a company and individuals.

• Trading Standards – including consumer protection, misleading practices, product safety, counterfeiting and other compliance offences.

• Health and Safety – including investigations involving companies, directors and managers following serious workplace incidents.

• Local Authority investigations – including licensing, environmental health, food-sector and other regulatory offences.

• Motoring Offences – including serious driving offences and cases which may affect an individual's licence, employment or business.

Your Rights in a Police Interview

When under extreme stress it can be easy to not realise or forget that you do have legal rights. Police interviews are usually audio recorded. Be aware of what is being documented. Often, the best approach is to find the right balance between not being unnecessarily defensive whilst at the same time appreciating that there are inherent risks of self-Incrimination or misunderstandings and anything you say during an interview can be used as evidence in court, potentially working against you.

Your main rights are:

• Right to Silence - you have the right to remain silent and refuse to answer any questions. You do not have to explain your decision to do so.

• Right to Legal Advice - you have the right to request access to a solicitor (lawyer) before or during the interview. The police must inform you of this right and provide reasonable access to a solicitor, if desired.

• Right to Understand the Proceedings - you have the right to understand why you are being interviewed and the nature of the alleged offence.

Each situation is different but some key principles which generally apply if you are interviewed by the police are:

• Stick to the Truth - if you choose to answer questions, be truthful and avoid speculation or guesswork.

• Only Answer What's Asked - avoid providing unnecessary information beyond the specific questions posed.

• Don't Explain Away Silence - if you choose to exercise your right to silence, don't feel pressured to justify your decision.

• Request a Solicitor if Needed - if unsure about a question or feel uncomfortable, do not hesitate to request a solicitor.

What happens if you refuse a police interview?

In England and Wales, you can refuse to attend a voluntary police interview.  This right applies because "voluntary" means you have the option to choose.

However, there are some important things to consider:

• The police may decide to arrest you if you refuse, and then question you under arrest.

• Refusing an interview could make you look suspicious.

• It's always best to consult with a lawyer before making a decision. They can advise you on your rights and the best course of action in your specific situation.