Interview Under Caution

A police interview under caution is an interview that is conducted in accordance with the Police and Criminal Evidence Act. The caution is administered at the start of the interview and must be given if you are being asked questions where it is suspected that you have committed an offence.

The purpose of the caution is to warn you that although you have a right to remain silent, if you do so a jury may draw what is known as an “adverse inference” at any later trial.

Increasingly, the police are turning to interviews by invitation rather than arresting individuals in order to interview them. This doesn’t necessarily mean the police think you’re guilty and will automatically prosecute you; it means that the evidence they have obtained to date indicates that you may be involved in the offence, and so able to assist with their enquiries.

Alternatively, it may be that they know that their investigation is likely to be lengthy and they wish to avoid the obligations placed upon them when dealing with individuals under arrest.

Other agencies, such as the DWP do not have powers of arrest. Therefore, they can only interview you if you give consent, although if you refuse to attend an interview voluntarily they may pass their investigation over to the police to pursue.

As you are not under arrest, you are free to stop and leave the interview at any time. However, in some circumstances, attempting to do so may lead to you being arrested.

Unlike if you were under arrest you will not have your photograph and other forensic samples taken from you and you will not have to spend any time in police custody. The interview will, however, be recorded and you are entitled to have a solicitor present.

It is likely that you or your business will be invited to attend an interview under caution – commonly referred to as a PACE interview – should the Environment Agency, Health and Safety Executive or a local authority, suspect you of committing an offence.

A Caution Plus 3 Interview is a formal interview normally conducted by the police, at the police station, under what is known as the Caution. This type of interview may often be called a ‘Voluntary Police Interview’.

The Caution Plus 3 Interview has 3 main elements:

1. It is conducted under the Police Caution

The Police Caution states: “You don’t have to say anything, but it may harm your defence if you don’t mention now, something which you later rely on in Court and – anything you do say – may be given in evidence”.

2. You are entitled to free legal advice

This is your right and you have to be told this by the police – this will apply even if they may not want to offer you free legal advice or tell you that you don’t require free legal advice.

3. You are free to leave the police station – at any stage – as you are there voluntarily

However, if you do attempt to leave, the police may then decide to arrest you.