Being asked to attend an interview under caution can be concerning, particularly if you are unsure whether the interview itself will appear on your criminal record. In England and Wales, an interview under caution does not by itself mean that you have been charged with or convicted of a criminal offence. It is a formal interview used by the police or another investigating authority when they suspect that a person may have committed an offence and want to ask questions that could be used as evidence.
The interview will usually be recorded, but this is different from receiving a criminal conviction or caution. Whether information connected with the matter later appears on a criminal record check will depend on what happens following the investigation, the information held by the police and the type of check being carried out.
Understanding what an interview under caution means, how it may be recorded and what could happen afterwards can help you protect your position and make informed decisions before answering questions.
Initial Telephone Discussion
For an initial telephone discussion, please call us on 0333 0579048 or email hello@fmtsolicitors.co.uk and we will be in touch shortly. We can advise clients across England and Wales.
What Is an Interview Under Caution
An interview under caution is a formal interview conducted when investigators suspect that you may have committed an offence and want to question you about your involvement. Before questioning begins, you should be cautioned and informed of your rights.
Interviews under caution may take place following an arrest or, in some circumstances, on a voluntary basis. A voluntary interview usually means that you have not been arrested and are attending by arrangement. However, attending voluntarily does not make the interview informal, and what you say may still be recorded and used as evidence if the matter proceeds further.
The questions asked will generally relate to the suspected offence and the evidence gathered as part of the investigation. For this reason, it is important to understand your position before deciding how to respond.
Does the Interview Appear on Your Criminal Record
Simply being interviewed under caution does not give you a criminal conviction. If the investigation ends without you being charged or receiving another formal outcome, there will be no conviction arising from the interview itself.
However, the police may retain information about the investigation and interview on their systems in accordance with applicable rules and policies. This is different from having a criminal conviction recorded against you and does not mean that the information will automatically appear whenever a criminal record check is carried out.
If the investigation subsequently results in a conviction, caution or another relevant outcome, the position may be different. Whether that outcome is disclosed will depend on the circumstances and the type of criminal record check involved.
Can It Appear on a DBS Check
Whether information connected with an interview under caution could appear on a Disclosure and Barring Service check depends on the type of check being carried out and the circumstances of the case.
A standard DBS check is focused on relevant convictions and cautions that are not protected under the applicable filtering rules. An enhanced DBS check can, in certain circumstances, include relevant information held by the police even where there has been no conviction.
This does not mean that every interview under caution or police investigation will be disclosed on an enhanced DBS check. Any disclosure of police information is subject to legal requirements concerning its relevance and whether it ought to be included. The circumstances of the investigation and the role for which the check is being requested may therefore be important.
What Happens After an Interview Under Caution
Following the interview, investigators may continue making enquiries and reviewing the available evidence before deciding what action should be taken. This may include considering your answers alongside witness statements, documents, digital material or other evidence obtained during the investigation.
Depending on the circumstances, the matter may result in no further action, an out-of-court disposal where legally appropriate or a criminal charge. In cases where a charging decision is required from the Crown Prosecution Service, the police may refer the evidence for consideration.
You may not receive an immediate decision following the interview, particularly where further enquiries are necessary. The fact that you have been interviewed does not mean that any particular outcome is inevitable.
The Importance of Legal Advice
What you say during an interview under caution can have significant consequences for an investigation and any subsequent criminal proceedings. You should understand your legal position before answering questions.
A criminal defence solicitor can advise you about the allegations, explain your rights and provide representation during the interview where appropriate. They can also advise you on the evidence or information available before the interview and help you understand the potential implications of answering questions, providing a prepared statement or exercising your right to silence.
Obtaining advice at an early stage can help you make informed decisions and ensure that your interests are properly protected throughout the investigation.
How To Get In Contact
If you have been asked to attend an interview under caution or are concerned about how an interview or investigation could affect your record, our experienced criminal defence team can provide clear and practical guidance tailored to your circumstances.
For an initial telephone discussion, please call us on 0333 0579048 or email hello@fmtsolicitors.co.uk and we will be in touch shortly. We can advise clients across England and Wales.