Early Stage

Charging Decision Guide

What to expect when you’re interviewed by police, your rights, and how to prepare for this important stage of the process.

What is a Police Interview?

A police interview, also known as an interview under caution, is a formal questioning process where police officers ask you about an alleged offence. This interview is recorded and can be used as evidence in court.

You may be interviewed at a police station after arrest, or you may be asked to attend voluntarily. Either way, you have important rights that protect you during this process.

Important: Anything you say in a police interview can be used in court. It’s crucial to understand your rights before the interview begins.

Your Rights During Interview

You have several fundamental rights during a police interview:

Right to free legal advice – You can have a solicitor present during the interview at no cost. This is highly recommended.
Right to remain silent – You don’t have to answer questions, but there may be consequences if you rely on something in court that you didn’t mention when questioned.
Right to have someone informed – You can have someone notified of your arrest and whereabouts.
Right to read the Codes of Practice – These set out how police must treat you.
Right to regular breaks – Including for meals and rest.

How to Prepare

Before your interview:

Request a solicitor – Even if you think you have nothing to hide, legal advice is invaluable.
Take your time – You’re allowed to think before answering. Don’t feel rushed.
Listen carefully – Make sure you understand each question before responding.
Stay calm – The interview can feel intimidating, but staying composed helps.

If you’re attending voluntarily, try to gather any relevant documents or evidence that might support your account beforehand.

What Happens During the Interview

A typical police interview follows this structure:

Introductions – The officers will introduce themselves and anyone else present, including your solicitor.
Caution – You’ll be read the formal caution: “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.”
Questioning – Officers will ask about the allegation. Your solicitor can intervene if questions are unfair.
Your account – You may be given the opportunity to give your version of events.
Conclusion – The interview ends and you’re told what happens next.

After the Interview

After the interview, several things might happen:

Released without charge – The police may decide there’s not enough evidence to proceed.
Released under investigation – The investigation continues and you may be contacted later.
Bailed – You’re released but must return to the police station on a specific date.
Charged – If there’s enough evidence, you’ll be formally charged with an offence.

Whatever the outcome, you should receive a record of the interview. Keep this safe as it may be important later.

Key Tips to Remember

Do:

Ask for a solicitor
Listen carefully to questions
Take your time answering
Tell the truth if you speak
Ask for breaks if needed

Don’t:

Feel pressured to answer quickly
Lie or make things up
Try to explain everything at once
Sign anything you don’t understand
Assume you know best without legal advice