Police Station Procedure and Interviews

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 examiners 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. Examiners 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 heavily tested in SQE1. 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

Practise Police Station Procedure and Interviews Questions for SQE1

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Police Station Procedure and Interviews for SQE1