What Happens During Interview Under Caution?

A police interview under caution is one of the most critical moments in any criminal investigation. What you say – or don't say – can determine whether you're charged, cautioned, or released without further action.

Before the Interview

Private Consultation with Your Solicitor

Before any interview, you have the right to a private consultation with your solicitor. This is confidential and privileged. During this consultation, your solicitor will:

• Explain what you're suspected of
• Request and review disclosure (what evidence police have)
• Explain your rights and options
• Advise on interview strategy
• Prepare you for what to expect

Disclosure

Police must provide sufficient disclosure for meaningful advice. However, they don't have to reveal everything. Your solicitor will assess what's been disclosed and what might be held back.

During the Interview

The Caution

The interview begins with 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."

Recording

Interviews at Kent police stations are recorded – either audio or video. This protects both you and the police by creating an objective record.

Your Solicitor's Role

Your solicitor will be present throughout. They can:

• Object to improper questions
• Request clarification
• Advise you privately (interview can be paused)
• Intervene if police act improperly
• Take notes of everything said

Answering Questions

Your options include: answering questions, making a prepared statement then remaining silent, or exercising complete silence. Each has implications. Your solicitor will advise which approach suits your situation.

After the Interview

Following interview, police will decide next steps. You may be: released without charge, released under investigation (RUI), bailed with conditions, charged with an offence, or given a caution.