Define: Cautioning Before Interview

Cautioning before interview is a procedural step taken by law enforcement authorities before questioning a suspect in a criminal investigation. It involves informing the suspect of their legal rights, including the right to remain silent and the right to legal representation. The caution typically includes the famous phrase “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.” The purpose of cautioning is to ensure that suspects are aware of their rights and to protect their legal interests during the interview process. Failure to caution a suspect properly may result in evidence being excluded from court proceedings.

The Codes of Practice associated with the Police And Criminal Evidence Act 1984 set out a number of rather complex rules about when and how a police officer should caution a suspect before questioning him. In essence, however, it comes down to this: a suspect should be cautioned before asking any question that could reasonably be expected to be offered in evidence. A suspect doesn’t have to be cautioned before asking his name or address. If a suspect makes statements before a caution, he should generally be given the opportunity to retract them after caution.

Because the Criminal Justice And Public Order Act 1994 allows a court to make inferences based on a suspect’s refusal to answer questions, the Codes of Practice require that the caution warn suspects of this. The recommended form of caution is:

You do not have to say anything, but it may harm your defence if you do not mention anything when questioned that you later rely on in court. Anything you do say may be given in evidence.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.