How Do Police Conduct Interviews With Suspected Offenders?

Interviews with suspected offenders are a central part of criminal investigations in England and Wales. These conversations allow police to gather evidence, clarify facts, and afford suspects the opportunity to respond to allegations. However, they are governed by strict legal rules designed to balance effective investigation with protection of individual rights. This article explains how interviews are conducted, the legal framework underpinning them, procedural safeguards, suspects' rights, and practical considerations for those involved.

1. What Is a Police Interview?

In English law, an interview is defined as the questioning of a person regarding their involvement, or suspected involvement, in a criminal offence or offences, and such questioning must be carried out under caution. This definition comes from Code C of the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice. Only when a person is questioned about criminal involvement under caution is an interview underway. Providing factual information without being asked to answer questions does not necessarily constitute an interview.

2. Legal Framework Governing Interviews

Interviewing suspects is regulated primarily by:

• PACE Code C (Detention, treatment and questioning of persons by police officers) – sets out procedural safeguards for detained and voluntary suspects.
• PACE Code E (Audio recording of interviews) – requires interviews to be audio recorded (except in limited exceptions), ensuring an accurate record for court and accountability.

These Codes of Practice are statutory documents published under the Police and Criminal Evidence Act and must be followed by police. Failure to comply can affect the admissibility of interview evidence in criminal proceedings.

3. When Can a Suspect Be Interviewed?

a. After Arrest

Once a person has been arrested, they may be interviewed in connection with the offence they are suspected of committing. Normally interviews take place at a police station, where detention rights are fully engaged, unless exceptional circumstances apply (for example, if delay would lead to interference with evidence or harm to others).

b. Voluntary Attendance

A suspect may be asked to attend police voluntarily for an interview without being arrested. In such cases, the interview is still conducted under caution and the same legal protections apply, including rights to legal advice.

Even if someone attends “voluntarily”, the interview must comply with Code C; this includes providing sufficient information about the purpose of the interview and the rights that apply.

4. The Caution: Starting the Interview

Before any substantive questioning about the offence begins, police must give the suspect the caution. The standard caution tells the suspect:

“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 warning serves several purposes:

• It informs the suspect of their right to remain silent;
• Alerts them that silence may have legal consequences; and
• Confirms statements can be used as evidence.

If questioning begins without the caution being properly given, any answers may be ruled inadmissible.

5. Legal Rights During the Interview

Suspects have important safeguards during the interview:

a. Right to Legal Advice

A suspect who is arrested and detained has a statutory right to free legal advice from a solicitor. They can request this before the interview begins and at any time during it. Solicitors can also be present during the interview.

b. Appropriate Adult for Vulnerable Persons

Children and vulnerable adults must have an appropriate adult present during the interview to safeguard their rights and welfare. Police must identify whether this is needed and act accordingly.

c. Interpreter Services

If a suspect does not understand English sufficiently, police must arrange an interpreter so the suspect can understand the questions and respond effectively.

6. Conducting the Interview

Interviews should follow established rules:

• The interviewing officer should identify themselves and anyone else present to the suspect.
• Police must put to the suspect any significant previous statements or silence relevant to the offence.
• Interviews normally take place in suitable interview rooms at police premises, which should be comfortable and secure.
• Breaks must be given at recognised meal times and at reasonable intervals to protect the suspect's well‑being.

Interviews can be conducted via live link (video) when necessary, provided communication is secure and safeguards are maintained.

It is prohibited to use oppressive, threatening or deceptive techniques; interviews must aim to obtain reliable evidence in compliance with PACE principles.

7. Recording the Interview

Under Code E of PACE, interviews must be audio recorded, and often videotaped. This serves to:

• Ensure an impartial and accurate record;
• Protect both suspect and investigator interests; and
• Assist courts in assessing the evidence.

If recording cannot be used (for technical or exceptional reasons), a detailed written record must be created.

8. Interviewing Suspects Who Refuse to Answer

A suspect who is being interviewed under caution may choose not to answer questions. Police do not require the suspect's consent to continue questioning once the caution has been given, but officers must not coerce or physically restrain the suspect beyond what is necessary to conduct the interview lawfully.

Silence can be noted and, in certain circumstances, courts may draw inferences from it if the suspect later relies on facts in their defence that they did not mention during the interview. This is governed by separate statutory provisions and must be properly explained during the caution.

9. Special Situations and Limitations

a. Urgent Safety Interviews

In exceptional cases where immediate questioning is necessary to prevent harm or loss (for example to prevent interference with evidence or harm to others), police may interview a suspect at or near the point of arrest before reaching a police station. These are called urgent interviews and must stop once the risk has passed.

b. Vulnerability and Mental Capacity

Police must consider the health, mental capacity and vulnerability of suspects. Interviews may be postponed or adapted if the custody officer deems it harmful or inappropriate under PACE Code I.

10. How Interview Evidence Is Used

Statements made during a PACE‑compliant interview can be used as evidence in prosecution proceedings. Interviews help police build or refute cases and can lead to charging decisions. However, any breach of the Codes (for example failure to caution or record properly) can lead to evidence being excluded by the court.

Conclusion

Police interviews with suspected offenders in England and Wales are governed by a detailed legal framework designed to protect both the integrity of criminal investigations and individual rights. Conducted under caution in accordance with PACE Codes C and E, interviews require careful administration of rights, appropriate recording, and procedural safeguards for vulnerable individuals. Knowing how these interviews operate helps suspects, solicitors, students and the public understand their role in the criminal justice process.