Interviews under caution are among the most common ways that investigating authorities collect information from a suspect. In an interview under caution, the subject is advised that they are not obligated to answer any questions, but that anything they say may be used in evidence should the investigation result in court proceedings. They are also advised that if they fail to mention something during the interview that they later rely upon in any proceedings arising from the investigation, the court may wonder why the suspect did not mention the relevant facts during their interview, and this can weaken the defence case. Similarly, if a suspect provides a significantly different explanation in subsequent court proceedings compared with what they said in their interview, a similar adverse inference may be drawn.

Understanding the caution is not just a case of hearing the words. The decisions made prior to interview and the approach taken during interview can have a fundamental impact on the direction of an investigation.  

The name ‘interview under caution’ is used to differentiate these interviews from ‘compelled interviews’, where a subject may have a legal obligation to attend and answer certain questions. Investigators may speak to suspects without the need for a caution, but only for limited purposes. This is to be distinguished from interviews or meetings with witnesses (who are not suspects) to take statements. The need for a caution does not arise in those circumstances unless the questioning leads an investigator to believe that the witness has become a suspect.

There are several organisations in the UK that are empowered to conduct interviews in this way, including HM Revenue and Customs (HMRC), the Health and Safety Executive (HSE), the Serious Fraud Office (SFO) and, perhaps most prominently, the police. This means that interviews under caution may be used in a range of investigations into different types of activity.

As such, it can be difficult to know what to expect when you are invited to attend an interview - both from the conversation itself, and in the aftermath. Legal representation is vital during these types of interviews, whether you are suspected of a crime or attending as a witness, and an expert solicitor can help you to determine the potential outcomes based on your specific circumstances. The expert criminal defence team at JMW Solicitors offers legal representation in voluntary interviews under caution and compelled interviews, and can support you at all stages of a criminal investigation.

In this guide, we help you to understand the potential routes an investigation can take from the point that you are invited to attend an interview, the reasons investigating authorities may conduct interviews and what to expect afterwards.

What Happens During an Interview Under Caution?

An interview under caution may take place when investigators suspect someone of an offence and want to ask questions that may later be used as evidence. These interviews are governed by the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice, which set out how questioning must be carried out.

You should instruct a solicitor if you are invited to an interview under caution, or arrested and interviewed. Most interviews under caution with the police take place at a police station, either after someone has been arrested or on a voluntary basis. In either case, you have a right to legal advice and representation during the process. Interviews under caution with HMRC, the Insolvency Service, Trading Standards and other prosecuting authorities may happen at their offices or even at a lawyer’s office in some cases.

The investigators should explain why the interview is taking place, including any allegations and an overview of the evidence being relied on. The interview is formally recorded, usually by audio or video, and before questioning begins, the officers must give a formal caution to explain that the person's answers may be used in evidence. The caution also advises subjects that they have the right not to answer questions and outlines the possible consequences of remaining silent.

The interview will consist of a series of questions where investigating officers will ask about the alleged offence. A solicitor will help you to prepare before the interview, and can advise you on complying with the investigation whilst minimising the risk of incrimination. Investigators are not permitted to use threats, oppression or misleading tactics, and your solicitor can monitor this.

While you have a right to silence, this is not always advisable. If the Crown Prosecution Service decides that there is sufficient evidence to charge you, your case will go to court. The court may draw an adverse inference if you try to raise a defence that you could reasonably have mentioned during your interview. Your silence will not automatically count against you, but can be considered alongside other evidence, and your solicitor can advise on when to answer according to the facts of the case.

What Are the Likely Outcomes of an Interview Under Caution?

An interview under caution is usually just a piece of a larger investigation, and the potential outcomes are determined by more than just what happens during the interview itself. They will depend on your role in the wider investigation, the aims of the relevant authority, any other evidence that is uncovered, and written representations made by your solicitor to the investigators following the interview in a formal process known as pre-charge engagement.

There are several possibilities that you may expect and prepare for.

No further action

If the authority conducting the investigation determines that there is insufficient evidence to proceed, or it is not in the public interest to pursue the case, it may decide to take no further action. This means you will not be charged or prosecuted. It is also possible that the investigation may continue to move forward but that you will have no further role in it, especially if you are interviewed as a witness. A decision not to proceed can be reviewed if further evidence subsequently comes to light. 

An experienced legal representative can advise on what the investigators must prove to justify a criminal charge and whether the account given by a suspect to their lawyer during a private meeting prior to any interview meets the required evidential threshold. This forms the basis for advice on whether the suspect should answer questions and if so, to what extent. In this way, an experienced legal representative can ensure that the investigation does not proceed beyond the interview unless there is a real case to answer.

Request for a statement

If you are not charged, investigators might still ask you to become a prosecution witness. In this case, the answers given during the interview form the basis of a witness statement. The decision to become a prosecution witness is an important step and the investigators will not always fully explain the implications. You should seek legal advice before accepting the invitation.

Follow-up interviews

You may be invited for further interviews as the investigation continues to unfold. These may be under caution, or compelled interviews. In the latter cases, you have a legal obligation to attend and to provide certain information, excluding some types of privileged information.

In some cases, the advice will be to attend a second interview so that comments can be made about new evidence. In other cases, you will be advised to decline an invitation to a second interview (or to make no comment), usually because the interview may be an attempt to repeat earlier questions and produce inconsistencies in the answers.

Referral to another organisation

If you give evidence that is not relevant to the existing investigation, but that may be of interest to another investigative authority, you may be referred for further interviews. Authorities that can conduct interviews under caution include:

• The police
• HMRC
• The Environment Agency
• The HSE
• The SFO
• The Insolvency Service
• The Department of Work and Pensions

The result of this may be that a new investigation is opened or that you are asked to attend an interview with a different agency or regulatory body, or multiple authorities working together. The referral practices are much more widespread than they used to be, so care must be taken when answering questions in circumstances where other agencies may have an interest.

Caution

If you are interviewed by the police and you make a relevant admission, they may decide to issue you with a caution. A police caution is not a conviction in court proceedings, but it is an admission of guilt to a recordable matter. It appears on a criminal record and can be considered in future legal proceedings. This may be a conditional caution, which has conditions attached that you must meet, such as a requirement to attend a rehabilitation course. A decision to accept the offer of a caution is therefore a serious step, notwithstanding that it avoids court proceedings. Advice on whether to accept or refuse a caution is important in understanding the longer term implications.

Charges

You may be charged with a criminal offence at the end of a police interview, whether you were interviewed voluntarily or placed under arrest. You may be kept in custody until the next available court hearing or released on bail, which will often have conditions attached that you must meet pending your court appearance. JMW can make representations about your release or any bail conditions the police wish to impose. You may be given a summons (or receive one through the post) requiring you to attend a court hearing on a particular date. A failure to attend can result in arrest and detention in custody whilst arrangements are made to produce you at court.

The police and the Crown Prosecution Service (CPS) will determine whether there is enough evidence to bring charges, and whether a prosecution is in the public interest. The CPS may also advise on charging decisions for other prosecuting authorities. A charge at this stage can ultimately lead to a criminal conviction, and it is vital to work with a solicitor to present your defence at your earliest possible opportunity.

How Long After a Police Interview Do You Hear Back?

If the police charge you, place you under arrest or issue a formal warning or caution following an interview, the outcome is clear.

However, in other cases, further investigations may be necessary and a final decision may take weeks or even years depending upon the complexity of the case. JMW can make representations about whether the investigation is being conducted diligently and it may be sensible to provide the investigation with additional information outside the scope of the interview. This ‘pre-charge engagement’ can significantly shorten an investigation but it has to be approached with care. Your solicitor can advise you on what to expect following a first interview and whether pre-charge engagement is a sensible step pending a final decision or second interview, if it becomes relevant.

Does an Interview Under Caution Go on Your Record?

The fact of an interview under caution is retained on the police log, but does not become part of a criminal record unless the matter leads to a conviction or caution.

Is an Interview Under Caution Serious?

An interview under caution may be very serious, but it depends upon the circumstances. It may be an opportunity to explain that you have no connection to the allegations. You may accept responsibility for some relevant events, but not others. Your individual circumstances can determine seriousness, particularly where the outcome might affect your job or business. However, an interview under caution is with a view to assessing the need for criminal charges, so legal advice is essential in helping you understand the potential impact of the interview.

How Can Legal Representation Help During the Police Interview Process?

Legal representation can have a significant impact on how a police interview is conducted and how a case develops afterwards. Before any questions are asked, we can speak to the police to obtain disclosure of the allegation, the evidence relied upon, and the purpose of the interview. This allows us to advise on your legal position and prepare you for the interview. We may advise you to answer questions, provide a prepared statement or exercise your right to silence based on the specific facts of the case.

Your solicitor will join you in the interview room to monitor that the process is lawful and fair. This includes monitoring compliance with PACE, which sets standards for interview conditions, breaks, treatment of the suspect and the manner of questioning. We can intervene, request clarification or challenge questions where necessary, and prevent procedural issues that might otherwise affect the reliability of the interview record.

Police interviews are recorded and may be used as evidence. Our work to prepare you reduces the risk of inaccurate statements, agreeing with propositions you do not fully understand, or answering questions under pressure in a way that creates inconsistencies. We can also advise on correcting errors or clarifying answers during the interview.

Because what is said in an interview can influence decisions on charge, bail conditions, further investigation, and the direction of any prosecution, legal representation is essential. JMW can help suspects and witnesses to understand how the interview fits into the wider criminal process, and outline the possible outcomes. Our role is to give you independent legal advice and a clear understanding of your position and the potential consequences of each decision, to help you move forward with confidence.