PACE Interview Under Caution
Being invited for an interview under caution can be a very daunting experience under any circumstances.
Voluntary police interviews have become increasingly popular over the last decade for the convenience and efficiency they offer investigators over making an arrest.
If you have received a letter or phone call inviting you to an interview with the police, regulatory body or a department of the government, call now to speak to one of our criminal defence lawyers for a free initial consultation. We will take the details of the officer in charge and follow up with them on your behalf directly.
No matter where the interview is taking place or the nature of the case, our team of criminal defence lawyers can be there to advise and assist you 24 hours a day, seven days a week.
Even if you feel you have not done anything wrong, you should not attend an interview under caution without a solicitor. Without proper advice you may accidentally say something that leads to you being charged with an offence.
You are entitled to legal representation while being questioned, and it is highly recommended that you exercise that right.
For specialist legal support before, during and after an interview under caution either with the police or other enforcement agency, contact Draycott Browne today using the phone number at the top of this page.
What is a PACE interview?
A PACE Interview is any interview conducted in line with the Police and Criminal Evidence Act 1984 (PACE). This piece of legislation sets out the powers and duties of the interviewer, the rights of suspects and the admissibility of evidence.
A voluntary interview is still a formal suspect interview. Under PACE Code C, a person attending voluntarily must be told that they are not under arrest and are not obliged to remain, while the core rights and safeguards applying to suspect interviews continue to apply.
If the police, a regulatory body like the HSE, HMRC, or a local authority, suspects you or your business of committing a criminal offence, it is likely that you’ll be invited to attend an interview under caution. This is also referred to as a PACE interview.
What is an interview under caution?
An interview under caution is a formal interview with the suspects in an investigation. You may be asked to attend voluntarily or you may be under arrest. The interview starts with the officer giving you “the caution”.
The caution is as follows:
“You do not have to say anything but it may harm your defence if you do not mention something when questioned that you later rely on in court. Anything you do say may be given in evidence”.
The caution is there to inform the person being interviewed that they have a right to remain silent, with a warning about the consequences of doing so. You have a right to remain silent, but section 34 of the Criminal Justice and Public Order Act 1994 allows a court in certain circumstances to draw an adverse inference if you later rely on a fact that you could reasonably have been expected to mention when questioned under caution. Your solicitor will advise on the best course of action for your circumstances. PACE interviews are recorded and anything you say can be used as evidence.
It is vital to have legal advice during an interview under caution because what you do or do not say matters a great deal.
