Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Interview under caution definition

What does Interview under caution mean? An interview under caution is the formal questioning of a suspect by police or other criminal investigators, after a caution is given. It may follow arrest or be voluntary (a voluntary interview under caution, often called a PACE interview), and is usually audio/video recorded. The phrase is descriptive; in England & Wales and Northern Ireland, PACE 1984/1989 and Code C govern interviews. The caution informs the suspect they need not answer, that anything said may be used in evidence, and that silence may permit adverse inferences. In Scotland, questioning is regulated by the Criminal Justice (Scotland) Act 2016. Suspects are cautioned and...

Voluntary Interviews Under Caution: PACE 1984 Rights, Safeguards and Distinctions from Detention (England and Wales), Including Regulator Interviews and Arrest Considerations

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Practice notes

Voluntary attendance at an interview under caution (PACE 1984)

This Practice Note sets out the legal framework for choosing to attend an interview under caution carried out pursuant to the Police and Criminal Evidence Act 1984 (PACE 1984). It also signposts provisions of PACE 1984 and the pertinent pace code of practice, Code C, governing suspect interviews that are inapplicable to volunteers, including the monitoring of detention time limits, how custody records are treated, the care and treatment regime for detained persons, the entitlement not to be kept incommunicado, fingerprints, searches, the drawing of inferences from silence, and the approach to advising a volunteer. For wider guidance on interviews under PACE 1984 generally, see Practice Note: Interview under caution. The Home Office has issued a guidance note tailored to individuals who attend police interviews on a voluntary basis; this must be provided to every interviewee before any voluntary interview so that their rights are clearly understood. Although aimed at police interviews, the same principles apply to voluntary interviews under caution conducted by other PACE 1984 investigatory authorities, including the Serious Fraud Office, the Health and Safety Executive (HSE), HMRC, the Environment Agency (EA), and local authorities...

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Web page updated on 28/05/2026

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