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Interview Under Caution: Your Legal Rights Explained

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Interview Under Caution: Your Legal Rights Explained

Being invited to a police interview under caution can be intimidating, but understanding your rights and the process is crucial to protecting yourself. At Nelson Guest, we ensure that individuals facing this situation are fully informed and supported from the outset.

What Does “Interview Under Caution” Mean?

An interview under caution occurs when the police invite you to speak with them about an alleged offence. Before questioning begins, you are read the official caution:

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something you later rely on in court. Anything you do say may be given in evidence.”

This caution is designed to make you aware of your right to remain silent, while also highlighting that your answers can be used as evidence if you later go to trial.

Your Rights During the Interview

Understanding your rights is critical:

  1. Right to Remain Silent – You are not obliged to answer any questions. Remaining silent cannot be used to imply guilt, although the caution warns there may be consequences if you later rely on facts not mentioned at the interview.
  2. Right to Legal Representation – You can have a solicitor present during the interview. This is highly recommended, as your solicitor can advise you in real time and ensure your rights are protected.
  3. Right to Pause or End the Interview – You may take breaks or stop the interview if you feel pressured or need advice.

Why Legal Representation is Vital

An experienced criminal defence solicitor can:

  • Explain the potential implications of each question before you answer.
  • Advise on whether to answer, remain silent, or provide limited information.
  • Negotiate on your behalf with the police if necessary.
  • Ensure that any caution or interview is conducted fairly and in accordance with the law.

Risks of Attending Without a Solicitor

Attending an interview under caution without legal representation can leave you vulnerable. Even seemingly innocent statements can be misinterpreted or used against you in court.

How Nelson Guest Can Help

At Nelson Guest, we provide confidential, expert advice for anyone invited to a police interview under caution. From the moment you are notified, our team will guide you through your options, represent you during the interview, and protect your interests every step of the way.

Contact us today if you or someone you know has been invited to a police interview under caution. Our team offers a personalised approach, ensuring you are fully prepared and supported.