Understanding Police Interviews Under the Police and Criminal Evidence Act 1984 (PACE)
At Bell Lamb & Joynson, we are regularly asked about what to expect during a police interview and what rights individuals have under the Police and Criminal Evidence Act 1984 (PACE). Whether you’ve been invited to attend a voluntary interview or have been arrested, it’s essential to understand the process and protect your legal position from the outset.
What Is a Police Interview?
A police interview is a formal questioning process carried out when the police suspect someone may be involved in a criminal offence. Interviews may take place:
- After arrest
- As part of a voluntary interview
- During a wider investigation
No matter the format, interviews are governed by PACE and must adhere to strict legal safeguards.
The Role of PACE in Police Interviews
The Police and Criminal Evidence Act 1984 (PACE) sets out the legal requirements that police must follow during investigations and interviews. PACE ensures:
- Suspects are treated fairly and lawfully
- Interviews are properly conducted and recorded
- Individuals are informed of their legal rights
Any breach of these guidelines can have a serious impact on the admissibility of evidence in court.
Your Legal Rights During a Police Interview
If you are interviewed under caution, you are entitled to key legal protections. These include:
1. The Right to Legal Advice
You are entitled to free and independent legal advice before and during your police interview. You can:
- Request the duty solicitor
- Contact your own criminal defence solicitor
✅ Our team is available 24/7 to represent clients during police interviews. Contact us immediately if you’ve been asked to attend.
2. The PACE Caution
Before the interview begins, the police must issue the formal PACE 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. Anything you do say may be given in evidence.”
This caution is legally significant — and anything you say can be used in court.
3. The Right to a Properly Conducted Interview
All interviews must be:
- Audio or video recorded
- Carried out in accordance with PACE Codes of Practice
- Free from intimidation or coercion
Voluntary Police Interviews vs. Interviews Under Arrest
You may be asked to attend a voluntary police interview. This means you are not under arrest and can leave at any time — but that doesn’t make it any less serious.
Key Differences:
| Voluntary Interview | Interview Under Arrest |
| Not under arrest | Under police custody |
| Free to leave | Cannot leave without being released |
| Rights still apply | Same PACE protections |
Do not attend a voluntary interview without legal advice — the consequences can be just as serious as an interview under arrest.
Common Pitfalls to Avoid in a Police Interview
- ❌ Attending without a solicitor
- ❌ Believing a voluntary interview is “informal”
- ❌ Misunderstanding the PACE caution
- ❌ Speaking without understanding the implications
A solicitor can advise you when it is appropriate to remain silent, respond to questions, or challenge police conduct.
Why Early Legal Advice Matters
At Bell Lamb & Joynson,, our criminal defence solicitors provide experienced legal representation at every stage of a police investigation. Having legal advice from the beginning can:
- Prevent unnecessary self-incrimination
- Protect your rights and interests
- Strengthen your defence if the matter proceeds to court
📞 Contact us immediately if you or someone you know is due to attend a police interview. Our solicitors are available 24/7.
Contact Our Criminal Defence Team
If you’ve been invited to a police interview — whether under arrest or voluntarily — contact Peter Haney @peter.haney@bljsolicitors.co.uk for immediate, confidential legal advice. We have a strong track record of protecting our clients’ rights during police investigations.
👉 Call 01244722776
👉 Email peter.haney@bljsolicitors.co.uk
👉 Visit www.bljsolicitors.co.uk