Your Rights During a Police Interview in Kent
A police interview can determine the outcome of your case. PACE Code C governs interview procedure. Know your rights and never face an interview without FREE legal advice.
Ask for Robert Cashman, Tuckers Duty Solicitor — The DSCC have our details
Your Key Interview Rights Under PACE Code C
Right to a Solicitor
Under PACE Code C, paragraph 6.8, you can have a solicitor present during any interview. This is free under Legal Aid and cannot be denied.
PACE Code C, para 6.8
Right to Silence
You have the common law right not to answer questions, modified by Sections 34-37 of CJPOA 1994. A solicitor will advise on implications.
Common law; CJPOA 1994, ss.34-37
Right to Breaks
Under PACE Code C, paragraph 12.8, you are entitled to breaks at recognised meal times and short refreshment breaks approximately every 2 hours.
PACE Code C, para 12.8
Right to Recording
Under PACE Code E, all interviews must be audio or visually recorded. You are entitled to a copy of the recording.
PACE Code E
Understanding the Police 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, introduced by Section 34 of the Criminal Justice and Public Order Act 1994, has three parts[1]:
- 1."You do not have to say anything" — This affirms your common law right to silence. You cannot be compelled to answer questions.
- 2."But it may harm your defence..." — Under Section 34 CJPOA 1994, if you later rely on facts in court that you failed to mention when questioned, the court or jury may draw "such inferences as appear proper" — commonly called adverse inferences[2].
- 3."Anything you do say may be given in evidence" — Every word you say is recorded and can be used against you in court.
Critical: The courts have held that adverse inferences should generally not be drawn where a suspect has been advised by their solicitor to remain silent, particularly where that advice is objectively reasonable in the circumstances[3]. This is precisely why legal advice before interview is so important.
The Solicitor's Role in Police Interviews
Under PACE Code C, paragraph 6.9, a solicitor's role during interview is clearly defined[4]:
Before the Interview
- • Review disclosure provided by police
- • Take your instructions in private consultation
- • Advise on interview strategy (answer, no comment, or prepared statement)
- • Assess the strength of the evidence
During the Interview
- • Sit with you throughout the interview
- • Seek clarification of questions if they are unclear
- • Challenge improper questions or the manner in which they are put
- • Advise you not to reply to particular questions
- • Request breaks where appropriate
- • Make contemporaneous notes of the interview
After the Interview
- • Advise on what happens next (charge, bail, NFA)
- • Make representations regarding charging decisions
- • Challenge bail conditions if unreasonable
- • Advise on court procedures if charged
Note: Under PACE Code C, paragraph 6.9, a solicitor may only be required to leave an interview if their conduct prevents proper questioning — this is extremely rare and must be authorised by a superintendent[5].
Your Options in Interview
Provide your account in response to police questions.
When appropriate: When you have a strong defence and the evidence supports answering, or when following solicitor's advice.
Read a written statement prepared with your solicitor, then make no further comment.
When appropriate: When you want to put forward your account but avoid the pressure of questioning. Protects against adverse inferences while limiting risk.
Decline to answer all questions about the alleged offence.
When appropriate: When insufficient disclosure has been provided, when the evidence is weak, or when following solicitor's advice based on the specific circumstances.
The decision on which approach to take should always be made with the advice of a solicitor based on the specific circumstances of your case.
Interview Rights FAQs
Do I have to answer police questions in Kent?
You have the common law right to remain silent. However, under Section 34 of the Criminal Justice and Public Order Act 1994, if you fail to mention facts you later rely on in court that you could reasonably have been expected to mention, adverse inferences may be drawn. A solicitor will advise you on the best approach for your specific situation.
Can I have a solicitor in the interview room?
Yes. Under PACE Code C, paragraph 6.8, you have an absolute right to have a solicitor present during any police interview at a Kent police station. This right can only be delayed (not denied) in very limited circumstances under Annex B for serious arrestable offences.
What is the police caution?
The caution is the formal warning given before questioning: '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 wording was introduced by the Criminal Justice and Public Order Act 1994.
Can I stop a police interview?
You can request a break or ask to consult with your solicitor at any time during the interview under PACE Code C, paragraph 6.6. Your solicitor can also intervene under paragraph 6.9 to seek clarification, challenge improper questions, or advise you not to reply to particular questions.
[1] Criminal Justice and Public Order Act 1994, Section 34; PACE Code C, paragraph 10.5
[2] R v Argent [1997] 2 Cr App R 27; Condron v United Kingdom [2001] 31 EHRR 1
[3] R v Roble [1997] Crim LR 449; R v Betts and Hall [2001] 2 Cr App R 16
[4] PACE Code C, paragraph 6.9 — The solicitor's role
[5] PACE Code C, paragraph 6.10 — Removal of solicitor from interview
Facing a Police Interview in Kent?
Get FREE legal advice — Don't face an interview alone
Ask for Robert Cashman, Tuckers Duty Solicitor — The DSCC have our details
Article v2.0 — Last updated 11/12/2025