Interview under caution
Interview under caution

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Interview under caution
  • What is an interview under caution?
  • Advice before the interview takes place
  • Where will the interview take place?
  • Voluntary interviews
  • How is the interview conducted?
  • Record of interview
  • Interviews with youths or vulnerable persons
  • Refusals to be interviewed
  • Pre-prepared statements for interviews and statements made under caution
  • more

This Practice Note explains the law in relation to interviewing a suspect under caution under the Police and Criminal Evidence Act 1984 (PACE 1984) and associated PACE Codes of Practice, in particular PACE Code C. It details what an interview under caution is, the advice that should be given to a suspect by their solicitor before the interview takes place, details of where the interview will take place and how it will be conducted. It also examines how the interview will be recorded and the position when interviewing juveniles or vulnerable persons. It also explains no comment interviews and statements given under caution.

Present and historic versions of the PACE 1984 Codes of Practice are published by the Home Office and can be found here.

What is an interview under caution?

An interview is the questioning of a suspect regarding their involvement or suspected involvement in an offence which must be carried out under caution (a person must be cautioned when there are reasonable objective grounds to suspect them of an offence).

The police cannot ignore the possibility that a criminal offence has been committed in an attempt to escape compliance with the requirement to caution but, as the case of R v Shepherd demonstrates, answers to questions given in the absence of a caution may still be admissible, where, at the time