Preparing for a Police Interview

Before the Interview

1. Exercise Your Right to Legal Advice

You have the right to free legal advice under the Legal Aid scheme.¹ Always request a solicitor before answering any questions. This is your fundamental right and cannot be denied.

2. Understand the Caution

The police must give you the 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."² This means:

• You have the right to remain silent
• However, if you later rely on a fact in court that you didn't mention when questioned, this may be used against you
• You should wait for legal advice before deciding how to respond

3. Know What to Bring

If attending a voluntary interview, bring:

• Photo identification
• Any relevant documents
• A list of questions you want to ask your solicitor
• Contact details for family or friends

During the Interview

What to Expect

• The interview will be audio or video recorded³
• Your solicitor will be present throughout
• You can take breaks when needed
• You can consult privately with your solicitor at any time
• The interview should be conducted fairly and without pressure

Your Rights

• Right to remain silent
• Right to legal advice
• Right to have your solicitor present
• Right to consult privately with your solicitor
• Right to have the interview conducted fairly

Why Legal Representation is Essential

Having a solicitor present during a police interview is crucial because:

• They understand the law and can advise you on your rights
• They can ensure the interview is conducted properly
• They can challenge inappropriate questions
• They can help you prepare your responses
• They can ensure any evidence obtained is admissible
• They can protect your interests throughout the process

Common Mistakes to Avoid

• Answering questions without legal advice: Always wait for your solicitor
• Assuming you have to answer: You have the right to remain silent
• Not understanding the caution: Make sure you understand what it means
• Rushing to answer: Take your time and consult with your solicitor
• Not taking breaks: You can request breaks when needed