What an interview under caution is
An interview under caution is a recorded interview in which the police or another investigator, such as HMRC, put questions to you about an offence they suspect you may have committed. It can take place after an arrest, or by appointment if you are not under arrest. Either way, what you say is recorded and can be used in evidence.
The caution
Before questions begin you will be told: “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.”
Why advice matters before you answer
A court may be allowed to draw conclusions if you stay silent on something you later rely on. That does not mean you must answer every question. It means the decision whether to answer, give a prepared statement or say nothing should be made with a solicitor who knows your case, not on the spot in an interview room.
You are entitled to free, independent legal advice before and during the interview, whatever your means.
What a solicitor does before the interview
- Asks the police what the allegation is and what evidence they are prepared to disclose.
- Takes your account in private and advises you on how to approach the questions.
- Attends the interview with you and can intervene if questions are unfair or unclear.
- Makes representations afterwards on charge, bail or release.
This guide is general information about the law in England and Wales. It is not legal advice on your own case, and the law can change. Speak to a solicitor about your own circumstances.