Learning Outcomes
After studying this article, you will be able to explain the procedure for interviewing a suspect at the police station under PACE 1984 and Code C, identify the role and responsibilities of the solicitor throughout the process, summarise how suspects’ rights (including legal advice and fitness to be interviewed) are protected in practice, and advise on the steps and key safeguards involved in typical police station interviews for SQE2 scenarios.
SQE2 Syllabus
For SQE2, you are required to understand the practical steps and legal protections involved in interviewing suspects at the police station. You should focus in your revision on:
- the conduct of police interviews under PACE 1984 and Code C
- when suspects should be reminded of their rights (including legal advice)
- the role and duties of the solicitor before and during interview
- assessment of a suspect’s fitness to be interviewed
- procedure for commencing, suspending, or terminating interviews
- proper use of cautions and recording significant statements
- advice to clients regarding how to participate in interview and exercise their rights
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What are the main steps that must be followed before police begin an interview with a detained suspect at the station?
- At what stage must the police caution be given during the interview procedure, and what is its purpose?
- Who is responsible for checking and recording a suspect’s fitness to be interviewed, and what should happen if there are concerns?
- What actions can a solicitor take if improper questioning occurs during a police interview?
Introduction
When a person is detained by the police for investigation of a criminal offence, the rules for interviewing that suspect are tightly controlled by legislation and codes of practice. For SQE2, you must be able to describe the correct interview procedure, identify the rights and safeguards for suspects at each stage, and explain the solicitor’s role in protecting those rights and advising the client.
Overview: Police Interview Procedure
The main legal source for police interview conduct is the Police and Criminal Evidence Act 1984 (PACE 1984), especially Code C. These set the standards for police behaviour, access to legal advice, assessment of the suspect’s condition, and the duties of legal representatives.
Key Term: police interview
The formal questioning of a suspect about their involvement in a criminal offence, governed by PACE 1984 and Codes C and E. Must be conducted under caution and follow prescribed safeguards.
Before the Interview: Key Steps
1. Fitness to be interviewed:
The custody officer must check if the suspect is fit to be interviewed. If there is any suggestion that the suspect cannot understand what is happening, or cannot appreciate the significance of questions and answers due to illness, mental state, medication, or intoxication, they should not be interviewed until a competent medical assessment deems them fit.
Key Term: fitness to be interviewed
The requirement that a suspect must be able to understand the process, appreciate questions, and respond rationally. If not, interview must be postponed.
2. Reminding and informing of rights:
Before the interview starts, the police must remind the suspect of their right to legal advice, and confirm that this right has not been waived. The suspect may consult a solicitor in private at any time.
3. Presence of legal representative and appropriate adult:
- If the suspect is a juvenile or considered vulnerable, an appropriate adult must be present.
- Where the suspect has asked for legal advice, interview must not start (or continue) unless the legal representative is present, unless certain (rare) exceptions apply.
Key Term: caution
The formal statement given to a suspect informing them of their rights before every police interview: "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..."
4. Checking for significant statements:
If the suspect has made any significant statement (admission, denial, or silence) outside interview, this must be put to them at the start, allowing them to confirm, deny, or add to it.
Commencement of the Interview
The police officer must begin the interview by issuing the formal caution. The suspect must understand the effect of the caution and, if necessary, it should be explained in simple terms.
- The interview must be audibly recorded, with all parties (including any solicitor or appropriate adult) introduced on record.
- The suspect can request to consult their solicitor at any time, including by stopping the interview.
Conduct During the Interview
Interviews should be conducted fairly, without oppression, improper inducement, or misleading the suspect. Interviewers must not use aggressive questioning, threats, or deny necessary breaks for rest, meals, or refreshments.
- The defence solicitor plays an active role: monitoring the interview for fairness, advising the client, challenging improper questions, and requesting breaks as required.
- If the suspect is to remain silent, they should be advised to answer "no comment" systematically to each question.
Key Term: significant statement or silence
A statement by the suspect or a refusal to answer an important question, made in the presence or hearing of an officer, which may be used in evidence at trial.
The interview should cease when all key topics have been covered or if it becomes clear the suspect is not fit to continue.
After the Interview
- The interview record or transcript is retained and may be played in evidence at trial.
- If any improper conduct occurred during questioning, the solicitor can seek to exclude evidence later.
- The client is entitled to a transcript or copy of the recording.
Worked Example 1.1
At the start of an interview, the custody officer is unsure if the suspect, aged 19, is fit to be interviewed due to recent head injury and confusion. What should happen next?
Answer:
The custody officer should postpone the interview and arrange for an urgent medical assessment. An interview may not be conducted unless the suspect’s fitness is confirmed.
Worked Example 1.2
A client tells you that they feel too tired to continue the interview and cannot concentrate. The police want to continue questioning. What should you do as their solicitor?
Answer:
You should intervene immediately, request a break, and, if necessary, require that the interview be suspended until your client is rested or assessed as fit to continue. Continuing the interview could breach PACE Code C.
Revision Tip
For SQE2, be ready to explain the correct sequence and rights protected at each stage. Use the language of the Codes and focus on suspect welfare and solicitor intervention.
Key Point Checklist
This article has covered the following key knowledge points:
- Police interviews must be conducted under PACE 1984 and Code C, with safeguards for residents' rights at every stage.
- Fitness to be interviewed must be confirmed before questioning; interviews are postponed if there is any doubt.
- The suspect must be reminded of their right to legal advice, and may have a solicitor present throughout.
- The formal caution must be issued at the start of every interview, and significant statements must be addressed.
- Interviews must be audibly recorded, and defence solicitors have an active role in protecting clients' interests.
- Inappropriate questioning, lack of breaks, or suspect incapacity may make evidence inadmissible.
Key Terms and Concepts
- police interview
- fitness to be interviewed
- caution
- significant statement or silence