Police Interviews and the Right to Silence (England & Wales): 12 questions answered
You have the right to stay silent in a police interview in England and Wales, but a court may sometimes draw an adverse inference if you later rely on something you did not mention. Free legal advice is available for every police interview, whether you are under arrest or attending voluntarily.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
Do I have to answer police questions in an interview?
No. You have a right to stay silent, and you cannot be forced to answer questions in a police interview. However, in England and Wales the caution warns that it may harm your defence if you do not mention something you later rely on in court. Under sections 34 to 38 of the Criminal Justice and Public Order Act 1994, a court may be allowed to draw an adverse inference from silence in some situations. You are entitled to free legal advice before deciding how to approach an interview.
What is an interview under caution?
An interview under caution is formal questioning about your suspected involvement in an offence, after you have been given the police caution. It can happen after arrest or at a voluntary interview. Because what you say, and what you do not say, can be used as evidence, PACE Code C gives you protections: the interview must normally be recorded, you must be reminded of the caution and of your right to free legal advice, and you should be given breaks, food and rest. You can have a solicitor present throughout.
What does "no comment" mean in a police interview?
Answering "no comment" means you are using your right not to answer questions. It is lawful and cannot on its own prove you are guilty. However, if your case goes to trial and you rely on facts you could reasonably have mentioned in interview, the court may be allowed to draw an adverse inference. Solicitors sometimes advise a no comment interview, for example where police have disclosed little evidence, and sometimes advise answering questions or giving a prepared statement. It is your decision, made after legal advice.
Can a court hold my silence in interview against me?
Sometimes. Under section 34 of the Criminal Justice and Public Order Act 1994, a court or jury may draw "such inferences as appear proper" if you fail to mention a fact in interview that you later rely on in your defence, and you could reasonably have been expected to mention it. No inference can be drawn if you were not allowed to consult a solicitor first. Silence alone cannot prove guilt, because section 38 says you cannot be convicted solely on an inference. Courts consider reasons, such as following legal advice.
What is a special warning in a police interview?
A special warning is given before police ask you to account for certain things, under sections 36 and 37 of the Criminal Justice and Public Order Act 1994. They cover objects, substances or marks on you, your clothing or where you were arrested, and your presence at a place around the time of an offence. The officer must explain in plain language what offence they are investigating, what fact they want you to explain, and that a court may draw an inference if you fail or refuse to account for it.
What is a prepared statement?
A prepared statement is a written account, usually drafted with your solicitor, that you give to the police during the interview. It typically sets out the main facts of your defence, and you may then decline to answer further questions. Giving one can help protect against an adverse inference under section 34, because the facts it contains were mentioned. However, if you later rely on facts that were not in the statement, an inference may still be possible. Whether to use one is a tactical decision to discuss with your solicitor.
Is a police interview recorded?
Yes, usually. Under PACE Code E, interviews under caution about indictable offences, which include either way offences, must normally be audio recorded, and many police stations also record on video under Code F. Some interviews outside the station may be recorded on body-worn cameras. The recording is kept and can be played in court. At the end of the interview you should be told how you or your solicitor can get a copy. If recording fails, the officer must record the reasons, and a written record may be made instead.
Can I have a solicitor in my police interview?
Yes. Everyone interviewed under caution has the right to free and independent legal advice, whether arrested or attending voluntarily, and whatever their income. Your solicitor can advise you privately beforehand, attend the interview, intervene if questions are unfair and ask for a break to advise you. If you ask for a solicitor, the interview should not usually start until you have had advice, except in limited situations under PACE Code C, such as a senior officer authorising delay. You can change your mind and ask for a solicitor at any point.
What if I don't speak English well or am deaf?
You have the right to a qualified interpreter, free of charge, if you have difficulty understanding English or if you are deaf or have a speech difficulty. Under PACE Code C, police must arrange an interpreter without delay and must not interview you without one unless strict urgent-interview rules apply. An interpreter should also help you communicate with your solicitor and translate key documents. You can also ask to be interviewed in Welsh. If you did not understand an interview, tell your solicitor, because it may affect how the evidence is used.
Can I leave a voluntary police interview?
Yes. If you are attending voluntarily and have not been arrested, you are legally free to leave at any time, and police must tell you this under PACE Code C. However, if you leave, the police may decide to arrest you so that the interview can continue, if they believe arrest is necessary under section 24 of PACE. Leaving does not stop the investigation. You are still entitled to free legal advice at a voluntary interview, and it is sensible to get that advice before attending.
Can police interview me without a solicitor?
Yes, if you choose not to have one, and in some limited cases even if you have asked for one. PACE Code C allows interviews to go ahead without the advice you requested if a senior officer has lawfully delayed it, if your chosen solicitor cannot come and you decline the duty solicitor, or if waiting would cause serious harm or risk. If you change your mind about wanting advice, an inspector must agree and it must be recorded. An inference under section 34 cannot be drawn where you were refused the chance to consult a solicitor.
What happens after a police interview?
After interview, several things can happen. Police may charge you, or send the file to the Crown Prosecution Service to decide. You may be released on pre-charge bail, with or without conditions, or released under investigation with no conditions. Police may take no further action, or offer an out-of-court resolution such as a caution if you admitted the offence. They may also re-interview you if new evidence comes to light. Ask your solicitor or the officer what outcome applies and how you will be updated.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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