Police Station Interviews in Kent: Your Rights and What to Expect

What a Police Station Interview Is

A police station interview is a formal questioning session conducted by police officers under the Police and Criminal Evidence Act 1984 (PACE). It occurs when you are suspected of committing a criminal offence.

Interviews can take place in two circumstances:

After arrest: You are in police custody and being questioned about the offence for which you were arrested.
Voluntary interview: You attend the police station by appointment without being under arrest, but you are still being questioned under caution about a suspected offence.

Both types of interview are recorded (audio or video) and anything you say can be used as evidence in court. The interview is conducted under caution, meaning you are informed of your right to silence and the potential consequences of remaining silent.

Reference: Police and Criminal Evidence Act 1984, Code C (2023) - Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers.

Arrest vs Voluntary Interview

Understanding the difference between arrest and voluntary interview is important for knowing your rights and what to expect.

After Arrest

• You are in police custody
• You cannot leave until released or charged
• Interview typically happens within 24 hours
• You have the right to free legal advice
• You can be detained for up to 24 hours (extendable to 36 or 96 hours in serious cases)

Voluntary Interview

• You attend by appointment
• You are not under arrest (technically free to leave)
• Still conducted under caution
• Still recorded and can be used in evidence
• You still have the right to free legal advice
• Refusal may lead to arrest

Important: Despite being called "voluntary", these interviews are just as serious as custody interviews. Anything you say can be used in evidence, and you should always have legal representation.

Reference: Police and Criminal Evidence Act 1984, Code C, Paragraph 3.21 - Voluntary interviews.

Right to Legal Advice at the Police Station

Everyone has the right to free legal advice at the police station. This is a fundamental right protected by section 58 of the Police and Criminal Evidence Act 1984 (PACE).

Key Points:

Free of charge: Legal advice at the police station is free under the Legal Aid scheme. There is no means test.
Available 24/7: Duty solicitors are available around the clock, including weekends and bank holidays.
Private consultation: You have the right to speak to your solicitor in private before and during the interview.
Cannot be delayed: Police cannot unreasonably delay your access to legal advice, except in very limited exceptional circumstances.

How to request a solicitor: Simply tell the custody officer or interviewing officer that you want legal advice. You can ask for a duty solicitor (free and independent) or request a specific solicitor or firm. In Kent, you can ask for Robert Cashman or Tuckers Solicitors.

Reference: Police and Criminal Evidence Act 1984, Section 58 - Right to have someone informed when arrested and right to consult a solicitor.

What Happens During Interview

Understanding the interview process helps you prepare and know what to expect. Here is a step-by-step guide:

Step 1: Private Consultation

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

Your solicitor will explain what you are suspected of
They will request and review disclosure (evidence the police have)
They will explain your rights and options
They will advise on interview strategy
They will prepare you for what to expect

Step 2: The Caution

The interview begins with 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 informs you of your right to silence and the potential consequences of remaining silent. Your solicitor will explain what this means in practical terms.

Step 3: Recording

Interviews at Kent police stations are recorded – either audio (PACE Code E) or video (PACE Code F). This creates an objective record that protects both you and the police.

Step 4: Questioning

Police will ask questions about the suspected offence. Your solicitor will be present throughout and can:

Object to improper or leading questions
Request clarification if questions are unclear
Advise you privately (the interview can be paused)
Intervene if police act improperly
Take detailed notes of everything said

Step 5: Your Response Options

You have several options for responding during interview:

Answer questions: Provide full answers to police questions
Prepared statement: Read a prepared statement then exercise your right to silence
No comment: Exercise complete silence throughout

Important: Each approach has different implications. Your solicitor will advise which strategy is most appropriate for your specific situation based on the evidence disclosed and the nature of the allegation.

Step 6: After the Interview

Following the interview, police will decide on next steps. You may be:

Released without charge
Released under investigation (RUI)
Bailed with conditions to return
Charged with an offence
Given a caution (if you admit the offence)

Your solicitor will explain what each outcome means and what happens next.

Reference: Police and Criminal Evidence Act 1984, Code C (2023) - Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers, Paragraphs 10-13.

The Role of a Police Station Solicitor

A police station solicitor (also called a duty solicitor) is a qualified legal professional who represents you during police interviews. Their role is crucial in protecting your rights and ensuring you receive fair treatment.

Before the Interview

• Explain the allegation and evidence
• Review disclosure from police
• Advise on interview strategy
• Prepare you for questioning
• Answer your questions

During the Interview

• Be present throughout
• Object to improper questions
• Request clarification
• Advise you privately if needed
• Take detailed notes

Important Points:

Confidentiality: Everything you tell your solicitor is legally privileged and confidential. They cannot be forced to reveal what you tell them.
Independence: Duty solicitors are independent of the police and work solely in your interests.
Experience: Police station solicitors are trained and experienced in criminal defence and understand police procedures.
Free service: Legal advice at the police station is free under Legal Aid, regardless of your financial circumstances.

Why you should always have a solicitor: Police interviews are designed to gather evidence. Having a solicitor ensures your rights are protected, you understand the process, and you make informed decisions about how to respond. Studies show that people with legal representation are more likely to achieve better outcomes.

Common Questions and Concerns

Will having a solicitor make me look guilty?

No. Having a solicitor is a fundamental right, not an admission of guilt. Police officers understand this, and courts cannot draw negative inferences from exercising your right to legal advice. In fact, having representation often leads to better outcomes.

How long will I have to wait for a solicitor?

Duty solicitors typically attend within 45 minutes to an hour at Kent police stations. In urgent cases, they may attend sooner. Police should not unreasonably delay your access to legal advice.

What if I can't afford a solicitor?

You don't need to worry about cost. Legal advice at the police station is free under the Legal Aid scheme. There is no means test - everyone is entitled to free representation regardless of income or savings.

Can I change my mind during the interview?

Yes. You can pause the interview at any time to speak privately with your solicitor. You can also change your approach - for example, if you started answering questions, you can decide to exercise your right to silence after consulting with your solicitor.

What if I make a mistake or say something wrong?

If you realise you've made an error or want to clarify something, you can do so. Your solicitor can help you make corrections or clarifications. This is one reason why having legal representation is so important.

Will the interview be used in court?

Yes. The interview recording can be played in court as evidence. This is why it's crucial to have legal advice before and during the interview - what you say (or don't say) can have significant consequences for your case.

Frequently Asked Questions

Do I have the right to a solicitor at a police station?

Yes. Under section 58 of the Police and Criminal Evidence Act 1984 (PACE), everyone arrested or invited for a voluntary interview has the right to free legal advice at the police station. This right is not means-tested and applies regardless of your financial circumstances.

Is police station advice free?

Yes. Legal advice at the police station is free under the Legal Aid scheme. This applies whether you are in custody or attending a voluntary interview. There is no charge for police station representation under legal aid.

Can I refuse a police interview?

If you are under arrest, you cannot refuse to be interviewed, though you can exercise your right to silence. For voluntary interviews, you can technically refuse, but refusal may lead to arrest. It is strongly recommended to attend with legal representation rather than refuse.

What does "no comment" mean?

"No comment" means you are exercising your right to silence during a police interview. While you have this right, courts may draw adverse inferences from silence in certain circumstances under the Criminal Justice and Public Order Act 1994. Your solicitor will advise whether this is the appropriate strategy for your case.

Sources and Legal References

Police and Criminal Evidence Act 1984 (PACE): The primary legislation governing police powers and procedures in England and Wales.

PACE Code C (2023): Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers. Available at: www.gov.uk

PACE Code E (2018): Code of Practice on Audio Recording Interviews with Suspects. Available at: www.gov.uk

PACE Code F (2018): Code of Practice on Visual Recording with Sound of Interviews with Suspects. Available at: www.gov.uk

Criminal Justice and Public Order Act 1994, Sections 34-37: Provisions relating to inferences from silence. Available at: www.legislation.gov.uk

Legal Aid Agency: Information about free legal advice at police stations. Available at: www.gov.uk/legal-aid

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