What Is Disclosure in a Police Interview? — UK Glossary

Disclosure in a police interview refers to the information provided by the police to a solicitor or representative before or during a suspect interview. In England and Wales, there is no statutory right to pre-interview disclosure, but PACE Code C and case law establish that sufficient disclosure should be given to allow meaningful legal advice.

Detailed explanation

Pre-interview disclosure is the process by which the investigating officer shares information about the case with the defence solicitor or representative before the suspect is interviewed. This typically includes the nature of the offence, the basis of the suspicion, and a summary of the evidence. The purpose is to enable the legal adviser to provide informed advice to the client about how to approach the interview.

There is no statute that requires the police to disclose their evidence before interview. However, PACE Code C, paragraph 11.1A, states that before interview the solicitor must be given “sufficient information to enable them to understand the nature of the offence and why the person is suspected of committing it.” Case law — particularly R v Roble [1997] and the European Court of Human Rights decision in Salduz v Turkey [2008] — reinforces the principle that meaningful legal advice requires adequate disclosure.

In practice, the level of disclosure varies significantly. Some officers provide detailed written summaries. Others give a brief oral account. Some deliberately withhold key evidence to test the suspect's account. The defence adviser must assess the disclosure given, identify gaps, request further information where appropriate, and advise the client based on what is and is not known.

When practitioners encounter disclosure issues

Disclosure is a critical stage of every police station attendance. The representative typically receives disclosure from the investigating officer in a meeting or telephone call before the interview. The quality and completeness of that disclosure directly affects the advice given to the client. Insufficient disclosure may lead to a recommendation of no comment, a prepared statement, or a request for further disclosure before interview proceeds.

Experienced practitioners know that the disclosure stage is not passive. They ask specific questions: What is the evidence? Who are the witnesses? What forensic evidence exists? Has the complainant made a statement? What CCTV has been viewed? The answers — and the refusals to answer — are all recorded in the attendance note and inform the advice.

How disclosure relates to attendance notes

The attendance note must record what disclosure was given, by whom, and in what form. It should also record what was requested but not provided, and the officer's reasons for withholding information. This record is important for several reasons: it evidences the basis on which advice was given; it may be relevant to adverse inference arguments at trial; and it creates a contemporaneous record of what the police said before the interview.

Where the client is advised to make no comment on the basis of insufficient disclosure, the attendance note must clearly explain the reasoning. If the case later proceeds to trial and the prosecution seeks to draw adverse inferences from silence, the attendance note is the defence's primary evidence that the silence was based on proper legal advice given in the context of inadequate disclosure.

Key points to record

• Name and rank of the officer providing disclosure
• Date and time disclosure was received
• Form of disclosure (written summary, oral, or both)
• Offence(s) disclosed and the basis of suspicion
• Summary of evidence disclosed (witnesses, CCTV, forensics, statements)
• Questions asked by the representative and the officer's responses
• Information requested but not provided, and reasons given
• Whether the representative considered the disclosure sufficient
• How the disclosure informed the advice given to the client

Related terms

• PACE interview — the formal interview that follows disclosure
• No comment interview — often advised when disclosure is inadequate
• Attendance note — where disclosure details are recorded
• Custody record — the official detention record

Frequently asked questions

Are the police legally required to disclose evidence before interview?

There is no statutory obligation to provide full pre-interview disclosure. However, PACE Code C requires that the solicitor is given sufficient information to understand the nature of the offence and why the suspect is suspected. Case law and European human rights jurisprudence reinforce that inadequate disclosure may undermine the fairness of the interview process. Where disclosure is refused, the representative should record this and consider advising a no comment interview, with reasons documented in the attendance note.

Can insufficient disclosure affect adverse inferences at trial?

Yes. Sections 34-37 of the Criminal Justice and Public Order Act 1994 allow a court to draw adverse inferences from silence, but only where the circumstances are such that the suspect could reasonably have been expected to mention facts later relied on. If the defence can show that the silence was based on legal advice given in response to inadequate disclosure, the court may conclude that adverse inferences are not appropriate. The attendance note recording the level of disclosure is key evidence in this argument.

Should the representative record disclosure even if it seems straightforward?

Always. Even in apparently straightforward cases, the disclosure record may become significant. If the case escalates, if co-defendants are added, or if the prosecution case changes, the contemporaneous record of what was disclosed at the police station stage is invaluable. It takes moments to record at the time; reconstructing it from memory weeks later is unreliable.

Further reading

• Police Station Interview Notes
• What Is a PACE Interview?
• What Is a No Comment Interview?
• Police Station Attendance Notes (UK Guide)