Interviews under caution

Interview under caution

Whether your interview under caution is taking place shortly after your arrest or at a pre-arranged time, it’s crucial to make sure you have a specialist criminal defence lawyer present to represent you. The highly experienced team at Purcell Parker can help you with every aspect of being interviewed under caution.

Free 24-hour legal advice at the police station 

Everyone who is being interviewed under caution has the right to free legal advice. The 24 -hour solicitors at Purcell Parker use their extensive expertise to represent a wide range of clients for all kinds of alleged offences. When you have been arrested, no matter the time of day, we can provide you with the expert help you need, 365 days a year.

What is an interview under caution?

A police caution is worded as follows:

 “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.”

Under the Police and Criminal Evidence Act, the police must say these words to you at the start of any interview where you are being asked questions because you are suspected of committing a criminal offence. Crucially, although the police inform you of your right to remain silent, they also make it clear that if you do so, you run the risk of a jury drawing ‘adverse inference’ at any future trial.

What should I say at my interview under caution?

Staying silent during a police interview can have repercussions, however, whatever you do say in your interview under caution will have an effect on whether any criminal charges are eventually brought against you and what they involve. No matter the circumstances of your arrest or how many times you have been cautioned before, it’s crucial to have a criminal defence lawyer present to provide advice on what to say during your initial interview and any follow-up questioning.

Interview under caution after an arrest

When you’re arrested, you will usually be taken to a police station where you’ll be held in a cell before being questioned. Whilst in custody, you have certain rights that the custody officer has a duty to explain to you. These are:

  • Free legal advice for your interview
  • The right to call someone to tell them where you are
  • The right to access medical help if you’re feeling ill
  • The right to see the Codes of Practice that the police have to follow
  • The right to see written information on your rights on food and toilet breaks
  • The right to see any of this information in your language or with the help of an interpreter

The police will exercise their right to search you and keep your possessions while you’re being held in a custody suite. They will also photograph you and take forensic samples such as fingerprints.

Asking for free legal advice at the police station

Every police station will have a duty solicitor available. However, if you are being held at any police station in or around Birmingham, Worcester, Warwick, Coventry, Leamington Spa, Stafford or Wolverhampton, tell the custody officer you would like to contact Purcell Parker. Making sure you have the best possible legal representation from one of our highly experienced criminal defence team will give you the best chance of getting the best possible outcome.

Voluntary interviews under caution

Due to limited resources, it’s increasingly common to be invited for an interview under caution at the police station at a pre-arranged time.  This can also happen when the allegation against you is in connection with a crime that took place in the past or when there is not enough evidence available to arrest you. In this scenario you are not under arrest, however it’s incredibly important that you contact us as soon as you are informed of the interview as the answers you give can still be used in any criminal proceedings against you.

Will I be treated differently if I’m not under arrest?

The main difference between an interview under caution under arrest and a voluntary one is that during a voluntary interview you are free to leave at any time. However, whatever the circumstances of your interview under caution, the best course of action is always to follow the professional advice of your experienced solicitor. At all times, your solicitor will ensure your interests are protected and your rights upheld.

Expert help with interviews under caution

If you are facing an interview under caution, either after being arrested or receiving a request, call Purcell Parker on 0121 236 9781.

If the police want to interview in connection with a crime by placing you under arrest or on a voluntary basis, you are entitled to free legal representation at your first interview. For an experienced expert on your side, contact Purcell Parker.