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Police Station Procedure and Interviews for SQE1

Part of our SQE1 Criminal Practice guide → View the full SQE1 Criminal Practice guide

30 Apr 2026

What happens at the police station from booking in to interview is heavily regulated and important for SQE1 revision. Master the procedural steps, the caution and interview safeguards.

Criminal Practice > Police Station Procedure and Interviews

What Is Police Station Procedure?

Candidates frequently confuse the right to legal advice under PACE with the duty to provide cautions — a distinction that SQE1 questions may test in nearly every scenario question. These connections to police powers and bail are essential.

The solicitor's role at the police station is to protect the client's rights, advise on whether to answer questions, and ensure the interview is conducted fairly.

Key Principles for SQE1

The Custody Officer

Must be at least the rank of sergeant and is independent of the investigation. Responsible for authorising detention, ensuring rights are given, and maintaining the custody record.

Rights on Arrival

The suspect must be informed of: (i) the right to have someone informed of their arrest (s.56 PACE), (ii) the right to consult privately with a solicitor (s.58 PACE), and (iii) the right to consult the Codes of Practice. These rights must be given both orally and in writing.

The 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." The caution must be given before questioning.

Adverse Inferences

Under the Criminal Justice and Public Order Act 1994 (ss.34, 36, 37), the court may draw adverse inferences from a suspect's silence at interview if they later rely on a fact at trial that they could reasonably have been expected to mention. Section 36 covers failure to account for objects, substances, or marks; section 37 covers failure to account for presence at a particular place.

Legal Advice

The suspect has a right to free and independent legal advice at any time. The interview should not normally begin until the solicitor arrives, unless delay would involve a risk of harm, unreasonable delay, or the suspect has agreed in writing to be interviewed without a solicitor.

Interview Procedure

Under Code C and Code E, interviews must be audio-recorded. The interviewing officer must remind the suspect of the caution at the start. The solicitor may intervene to seek clarification, challenge improper questions, or advise the client.

Oppression and Unreliability

Under PACE s.76, a confession obtained by oppression or in circumstances likely to render it unreliable is inadmissible. The prosecution bears the burden of proving beyond reasonable doubt that the confession was not so obtained.

Exclusion of Evidence

Under PACE s.78, the court may exclude evidence if its admission would have such an adverse effect on the fairness of proceedings that it ought not to be admitted.

Exam tip

SQE1 questions on police station procedure test whether correct procedure was followed, particularly around the caution, access to legal advice, and interview safeguards. A common trap is assuming that silence at interview always prevents adverse inferences — inferences can only be drawn where the suspect later relies on a fact at trial that they failed to mention when questioned.

How This Appears in SQE1 Questions

SQE1 questions test whether correct procedure was followed — particularly around the caution, access to legal advice, and interview safeguards. A common trap is assuming that silence at interview always prevents adverse inferences — inferences can only be drawn where the suspect later relies on a fact at trial that they failed to mention when questioned. Questions also test the admissibility of confessions under s.76 and the discretionary exclusion of evidence under s.78. SQE1 questions may test this distinction repeatedly.

Quick Example Scenario

A suspect is interviewed about a burglary. During the interview, they make no comment to all questions on the advice of their solicitor. At trial, the suspect gives an alibi that they were at a friend's house at the time of the offence. Can the court draw adverse inferences from the suspect's silence at interview?

Under s.34 of the Criminal Justice and Public Order Act 1994, the court may draw an adverse inference because the suspect failed to mention the alibi during questioning but now relies on it at trial. The fact that silence was on solicitor's advice is a factor the court considers, but it does not automatically prevent an inference being drawn — the question is whether it was reasonable to mention the fact at the time.

Common Mistakes Students Make

  • Assuming silence at interview always prevents adverse inferences — inferences may be drawn under ss.34, 36, and 37 CJPOA 1994 if specific conditions are met
  • Forgetting that the custody officer must be independent of the investigation
  • Confusing s.76 (exclusion of oppressed or unreliable confessions — mandatory) with s.78 (discretionary exclusion of unfair evidence)
  • Overlooking the requirement for an appropriate adult during interviews with juveniles or vulnerable adults

Quick Summary

Police station procedure under Code C is tightly regulated to protect suspect rights while enabling investigation:

  • Custody officer: Independent, sergeant or above, responsible for detention authorisation and welfare
  • Rights on arrival: Right to notification, legal advice, and information about Codes (must be given orally and in writing)
  • The caution: Must be given before questioning; covers silence, reliance at trial, and admissibility
  • Legal advice: Right to consult solicitor before interview (continuing right, even if initially refused)
  • Adverse inferences: Can be drawn under s.34 CJPA 1994 if suspect fails to mention fact at interview then relies on it at trial
  • Interview recording: Must be audio-recorded under Code E
  • Confessions: Excluded under s.76 if obtained by oppression or in circumstances likely to render unreliable (mandatory)
  • Evidence fairness: Excluded under s.78 at court's discretion if admission would prejudice fairness

The Regulated Framework for Police Station Detention and Questioning

What happens at the police station — from booking in to interview — is heavily regulated and important for SQE1 revision. You need to know the procedural steps, the caution, the role of the solicitor, and the rules that govern how interviews must be conducted.

Want to test this now? Try a few SQE1-style questions below before moving on.

Test Yourself

Test yourself

Quick check questions based on this article.

Question 1

Scenario

A man is arrested on suspicion of theft from a retail store. He is taken to the local police station and booked in by the custody officer. The man has no previous convictions and has never been to a police station before. He is visibly anxious and tells the custody officer that he does not understand what is happening. The custody officer informs the man of his rights orally and gives him a written notice setting out his entitlements. The man says he would like to speak to a solicitor before any interview takes place. The investigating officer tells the custody officer that the case is straightforward and that there is no need to delay the interview for legal advice. The custody officer has also provided the man with a written notice explaining his entitlements under PACE 1984, including the right to legal advice, the right to have someone informed of his arrest, and the right to consult the Codes of Practice. The man reads the notice but says he does not fully understand it. The investigating officer has indicated that the interview will cover the man's movements on the day of the alleged theft and his relationship with the store in question.

What is the correct position regarding the man's request for legal advice?

Question 2

Scenario

A woman is arrested on suspicion of conspiracy to supply Class A drugs, an indictable offence. She arrives at the police station at 8:00 am and her detention is authorised by the custody officer. At 6:00 pm, the investigating officer forms the view that further time is needed to question the woman and to analyse mobile phone evidence. The investigating officer approaches a superintendent and requests authorisation to extend the woman's detention beyond 24 hours. The superintendent is satisfied that the offence is an indictable offence, that the investigation is being conducted diligently and expeditiously, and that the woman's detention is necessary to secure and preserve evidence. The woman's solicitor, who has been present at the station since 10:00 am, objects to the extension. The solicitor argues that the woman should have been given the opportunity to make representations before any decision was made. The mobile phone evidence is being analysed by a specialist digital forensics unit and the results are not expected for several hours. The investigating officer has confirmed that two other suspects arrested in connection with the same conspiracy have already been interviewed. The woman has been provided with regular meals and rest periods throughout her detention. The solicitor has reviewed the initial disclosure and considers the evidence to be substantial.

Is the superintendent required to give the woman or her solicitor the opportunity to make representations before authorising the extension?

Question 3

Scenario

A solicitor is representing a client at the police station during an interview. During a private consultation, the client tells the solicitor that he committed the offence and also committed a separate, more serious offence that the police do not know about. The client instructs the solicitor to say nothing about the other offence. The solicitor is unsure about her professional obligations. The first suspect told the solicitor that he was merely the lookout and that the second suspect had planned the robbery and used a weapon. The duty solicitor scheme coordinator has confirmed that no other duty solicitor is immediately available. The custody officer has recorded the time of the solicitor's arrival and the commencement of private consultations with each suspect. The solicitor has reviewed the initial disclosure provided by the police and considers the prosecution evidence to be limited. The custody officer has recorded on both custody records that the suspects are being held in connection with the same offence. The investigating officer has indicated that interviews will be conducted separately and that neither suspect will be informed of the other's account.

What is the solicitor's professional duty in relation to the client's disclosure about the separate offence?

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