Police Interviews Explained: Your Legal Rights and When You Should Instruct a Solicitor

Being asked to attend a police interview can be intimidating. Whether you’ve been invited to attend voluntarily or you’ve been arrested, what you say (or don’t say) can have a significant impact on your case. Many people underestimate how important this stage is – but a police interview is often where cases are made or broken.

In this guide, we explain how police interviews work in England & Wales, what your legal rights are, and when you should instruct a solicitor to protect your position.

What Is a Police Interview Under Caution?

A police interview under caution means the police suspect you of an offence and want to question you about it. You’ll hear 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. Anything you do say may be given in evidence.”

This applies whether:

• You are arrested and interviewed at a police station, or

• You attend a voluntary interview by appointment

Important: A “voluntary” interview does not mean the situation is informal or low risk. The interview is still recorded and your answers can be used as evidence.

Your Legal Rights During a Police Interview

If you are interviewed by the police, you have important rights, including:

✅ The Right to Free Legal Advice

You are entitled to free, independent legal advice from a solicitor at the police station, regardless of your income. This is available 24/7.

✅ The Right to Silence

You do not have to answer police questions. However, staying silent can sometimes lead to adverse inferences being drawn later in court. This is why legal advice is crucial before deciding how to respond.

✅ The Right to Know the Allegation

You are entitled to be told what offence you are suspected of before the interview begins, allowing your solicitor to advise you properly.

✅ The Right to Breaks and Proper Treatment

You have the right to rest, food, water, and medical assistance if needed. The police must follow strict rules about how long you can be detained and questioned.

Voluntary Interviews vs Arrest: What’s the Difference?

Many people assume a voluntary interview is less serious. In reality, both types of interview are conducted under caution and can result in charges.

• Voluntary interview: You attend by arrangement and are free to leave, but what you say can still be used against you.

• Interview after arrest: You are detained and questioned at the police station.

In both situations, you should strongly consider having a solicitor present.

Should You Answer Police Questions Without a Solicitor?

Short answer: it’s rarely a good idea.

Even if you believe you are innocent, you may:

• Say something that is misunderstood

• Provide information that is taken out of context

• Accidentally harm your defence

A solicitor can:

• Speak to the police beforehand to understand the allegation

• Advise you on whether to answer questions, provide a prepared statement, or remain silent

• Intervene if questioning becomes unfair or inappropriate

Having legal representation is about protecting yourself, not about looking guilty.

When Should You Instruct a Solicitor?

You should instruct a solicitor as soon as you become aware that the police want to speak to you. This includes if:

• You are arrested

• You are asked to attend a voluntary interview

• The police contact you as part of an investigation

• You are interviewed at home or elsewhere

The earlier a solicitor is involved, the more they can do to protect your position and shape the direction of the case.

What Can Happen After a Police Interview?

After the interview, several outcomes are possible:

• No further action

• Release under investigation

• Bail with conditions

• Charge and court proceedings

What you say in interview can heavily influence which of these outcomes applies to you.

How a Solicitor Can Help at the Police Station

A criminal defence solicitor can:

• Advise you before the interview starts

• Be present during questioning

• Ensure police procedures are followed correctly

• Protect your rights

• Begin preparing your defence from day one

This early stage is often critical to the overall outcome of your case.

Facing a Police Interview? Get Legal Advice First

If the police have asked to interview you, don’t attend without understanding your rights. Getting proper legal advice before and during a police interview can significantly affect what happens next.

Andersons Solicitors provide 24/7 representation at police stations and can advise you before any interview takes place. Our team offers clear, confidential guidance to help protect your rights and your future.

👉 Contact us today for urgent legal advice before speaking to the police.