What happens when you are interviewed by police under caution?

What happens when you are interviewed by police under caution?

Being interviewed by the police under caution is a serious legal matter that should not be taken lightly. A police interview under caution signifies that you are suspected of being involved in a criminal offence. The way you handle this situation can have significant legal consequences, making it essential to understand your rights and obligations.

 

What does ‘under caution’ mean?

A police interview under caution takes place when the authorities believe you may have committed an offence. The caution itself is a formal statement that must be read to you before questioning begins:
 

“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.”
 

This caution serves two key purposes: it informs you of your right to remain silent while also warning you that remaining silent or failing to disclose certain information could be detrimental if the case proceeds to court.

 

What happens during a police interview?

Once the caution has been given, the police will proceed with questioning. The interview is usually recorded, and anything you say can be used as evidence. The structure of the interview may vary, but generally, it will involve:

• The police explaining the nature of the alleged offence.

• Questions regarding your knowledge, involvement, or actions related to the alleged offence.

• Opportunities for you to provide an explanation, dispute allegations, or decline to answer questions.
   

You have the right to legal representation at any point during the interview. We would always strongly advise that you do not answer any questions without first obtaining legal advice.

 

Anything said during the interview can be used as evidence, and an ill-considered response may result in you accidently incriminating yourself.

 

Do you have to answer police questions?

 

You are not legally required to answer police questions, but remaining completely silent and/or not providing an account (“no comment”) may not always be in your best interests. If a case goes to court, a judge or jury may draw adverse inferences from a failure to mention important facts during the interview.

 

This is why having legal representation is crucial—to assess the best course of action based on your specific circumstances.

 

Possible outcomes after a police interview

Following a police interview under caution, several outcomes are possible:

• No further action – If the police determine there is insufficient evidence, they may decide to take no further action against you.

• Released under investigation – You may be released while the police conduct further inquiries. This does not mean charges will be dropped, and you may be contacted again.

• Police caution – If the offence is relatively minor and you admit to it, you may receive a police caution. While this is not a criminal conviction, it may still appear on background checks.

• Charges brought against you – If there is sufficient evidence, the police may charge you with an offence (prosecution)  leading to criminal proceedings at court which may involve several hearings.

 

Why legal representation is essential

A police interview under caution can have lasting legal consequences, affecting your freedom, employment, and reputation. Without proper legal advice, you may unintentionally incriminate yourself or make statements that could be used against you in court.

 

At LMP Legal, we provide expert guidance and representation for individuals facing police interviews and criminal investigations. If you have been asked to attend an interview under caution, do not navigate this process alone. Contact LMP Legal for immediate legal support and ensure your rights are fully protected.