What Is a PACE Interview? — UK Criminal Defence Glossary
A PACE interview is a formal interview of a suspect conducted by police officers under the provisions of the Police and Criminal Evidence Act 1984 and PACE Code C. In England and Wales, PACE interviews are audio-recorded, conducted under caution, and the suspect has the right to legal advice before and during the interview.
Detailed explanation
The PACE interview is the centrepiece of the police investigation process. It is the formal occasion on which a suspect is questioned under caution about their alleged involvement in a criminal offence. The interview is governed by PACE Code C (detention, treatment, and questioning) and PACE Code E (audio recording of interviews). Code F governs visual recording where applicable.
Before the interview begins, the suspect must be cautioned: “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.” This caution reflects the balance between the right to silence and the adverse inference provisions of the Criminal Justice and Public Order Act 1994.
The interview must be conducted fairly. PACE Code C sets out detailed requirements for interview conditions, breaks, refreshments, and the treatment of vulnerable suspects. Breaches of these requirements can lead to exclusion of the interview evidence under section 76 (oppression or unreliability) or section 78 (fairness) of PACE.
When practitioners encounter PACE interviews
Defence solicitors and representatives attend PACE interviews as a core part of police station work. The representative's role during the interview includes: ensuring the interview is conducted fairly, intervening where questions are oppressive or improper, advising the client during breaks, and noting the content and conduct of the interview for the attendance note.
The pre-interview stage is equally important. The representative should obtain disclosure from the investigating officer, take instructions from the client, and advise on whether to answer questions, give a prepared statement, or make no comment. The quality of this pre-interview work directly affects the interview itself and the wider case.
How PACE interviews relate to attendance notes
The attendance note must record what happened before, during, and after the PACE interview. Key details include: the disclosure received and from whom, the advice given to the client (including the basis for that advice), a summary of the interview questions and answers, any interventions made by the representative, and the outcome of the interview.
While the interview itself is audio-recorded, the attendance note captures context that the recording does not — the disclosure discussion, the private consultation, the representative's assessment of the client's condition, and the tactical reasoning behind the advice given. This context is essential for case preparation, supervision, and any later review of the advice.
Key points to record
- Time and location of the interview
- Officers present and their roles
- Disclosure received before interview (and any refusal to disclose)
- Advice given to the client and the basis for that advice
- Whether a prepared statement was read
- Summary of key questions and answers
- Any interventions by the representative
- Client's demeanour and fitness to be interviewed
- Interview duration and any breaks taken
- Post-interview actions (further detention, charge, bail, NFA)
Related terms
- No comment interview — when the suspect exercises the right to silence
- Disclosure in police interview — information the police share before interview
- Custody record — the official detention record
- Voluntary attendance — interview without arrest
Frequently asked questions
Can the police interview a suspect without a solicitor?
A suspect has the right to free legal advice at the police station under section 58 of PACE. The police may only proceed without a solicitor if the suspect has been informed of the right and has declined it, or in limited urgent circumstances permitted by PACE Code C (Annex B). If the suspect requests a solicitor, the interview should not normally begin until the solicitor has arrived and had a private consultation with the client.
What are the rules on interview breaks?
PACE Code C requires that interviews are conducted in adequately heated, lit, and ventilated rooms. Breaks for meals must be provided at recognised meal times, and short refreshment breaks should be provided at approximately two-hour intervals. The custody record and audio recording should reflect these breaks. Failure to provide adequate breaks may affect the admissibility of the interview evidence.
Can a solicitor stop a PACE interview?
A solicitor cannot unilaterally stop the interview, but can intervene to advise the client not to answer a particular question, to request a break for a private consultation, or to challenge the fairness of a line of questioning. PACE Code C, paragraph 6.9, states that a solicitor may only be required to leave if their conduct is such that the interviewing officer is unable to put questions properly. In practice, robust but professional intervention is expected and accepted.
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