How Criminal Defence Lawyers Handle Police Interviews
If you have been invited for a police interview, you may already feel anxious about what will happen next. The uncertainty, the waiting, the questions you do not yet have answers to — it is a lot for anyone to handle. What you say in that room can shape everything that follows. That’s why having a criminal defence lawyer for your police interview is more than a formality; it’s protection.
At Holborn Adams, we have represented countless clients at this stage, from those facing minor allegations to those involved in serious investigations. What we know for certain is this: preparation, timing, and calm expertise can make the difference between walking out reassured and walking out with charges on your record.
What Actually Happens During a Police Interview?
A police interview is more structured than people imagine. It is not a casual conversation, and it isn’t a chance for you to simply clear things up. Everything said or left unsaid can be used against you later. Under the Police and Criminal Evidence Act 1984 (PACE), interviews must be recorded and conducted fairly, but that seldom means the process feels balanced.
When someone is interviewed under caution, it is because the police suspect them of an offence. The caution usually starts with:
“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.”
That line sets the tone. You have the right to silence, but silence can be misinterpreted. You have the right to legal advice, but some people still try to handle it alone. The latter is often a mistake.
A criminal defence lawyer at a police interview is there to protect you and to ensure your rights are respected, to guide you when to answer and when to stay silent, and to prevent the conversation from wandering into dangerous territory.
Why Does Legal Advice Matter Before and During an Interview?
It can be tempting to think, ‘if I have done nothing wrong, I will just tell the truth and they’ll see that.’ But the interview is not designed to clear you. It is designed to gather evidence against you. Even small inconsistencies, slips of memory, or nervous phrasing can be pulled apart later in court.
Before an interview, your solicitor will usually speak with the police to understand:
- The exact nature of the allegation
- The evidence being relied upon
- If you are being interviewed as a witness or a culprit
- What they expect you to answer
Only then can they decide the best approach: whether to give a no comment interview, provide a prepared statement, or answer specific questions.
In our experience at Holborn Adams, this strategy depends on context. Sometimes, silence is smart. Other times, giving your side early prevents misinterpretation. What matters most is that the decision is informed, not impulsive.
Will Having a Lawyer Make Me Look Guilty?
That’s one of the most common worries and it is entirely misplaced. Police interviews are not about appearances; they are about evidence. Having legal representation is your right under PACE Code C, and it is one that the police expect you to exercise.
Here’s the thing: experienced investigators know that a calm, well-advised suspect is less likely to say something inaccurate. It actually helps the process run smoothly. Many of our clients later admit they were surprised by how controlled and structured the interview felt with a lawyer present.
What your lawyer does in that room is not theatrical. They never argue or block questions without cause. Their role is to observe, intervene when questions breach fairness, and advise you in private whenever needed. Sometimes, a quiet word before you answer can save months of complications later.
What If I Have Already Spoken to the Police Without a Lawyer?
If you have already given a statement, do not panic. Instead, the best thing you can do is get advice straight away. The earlier a defence lawyer can review what has been said, the better. There are legal routes to clarify, amend or contextualise earlier answers, depending on your situation.
Under Section 78 of PACE, the court can exclude unfairly obtained evidence. So even if you have made statements without legal support, not all is lost. However, time matters. The longer you wait, the harder it can be to manage potential fallout.
How Do Lawyers Prepare Clients For Interviews?
Preparation is everything. Before the interview, your solicitor will:
- Obtain and review any disclosure from the police
- Discuss the likely lines of questioning
- Inform you of your rights in easy words
- Help you stay composed and avoid being led into speculation
At Holborn Adams, we often advise clients to focus on what they know, not what they think. Guessing or trying to fill gaps is where people stumble.
One client once told us, “I thought if I looked helpful, they would see I had nothing to hide.” He ended up contradicting earlier statements because of nerves. That moment, entirely unintentional, changed the way the police viewed his credibility. With representation, that could have been avoided.
Can I Refuse to Answer Questions?
Yes, absolutely but it depends on the advice you are given. The right to remain silent exists for a reason, but exercising it incorrectly can create problems. Under Section 34 of the Criminal Justice and Public Order Act 1994, if you later rely on something in court that you did not mention during the interview, it can be used to question your credibility.
That is why every case needs individual handling. Your lawyer might advise a no comment interview if the evidence disclosed is too vague or if the police appear to be fishing for information. Or they might guide you to answer questions where your position is clear and consistent.
Either way, that decision should not be made in the heat of the moment. It’s a tactical one, rooted in legal experience.
The Calm in the Chaos
For many people, being called to a police interview feels like the start of something catastrophic. However, it does not have to be. Most investigations move slowly, and many never lead to charges. Having legal support does not just protect your rights; it steadies the process.
A criminal defence lawyer for your police interview acts as a shield and a strategist. They keep the tone fair, the questioning appropriate, and your record clean of unguarded remarks. When the interview ends, they are already thinking about what comes next whether that’s a re-interview, further disclosure, or the end of the matter entirely.
What Happens After the Interview?
After the recording stops, your solicitor’s role continues. They will request a copy of the recording, review the transcript, and assess whether the police are likely to take the case further.
If you are released under investigation or on pre-charge bail, they will track the case, chase updates, and prepare for potential next steps. Legal representation does not end at the interview door, it carries you through every stage of the process.
Final Thoughts
The police interview is not just another box in an investigation. It is often the single most influential moment in how your case unfolds. One misplaced word can echo months later in court. That’s why having the right legal advice from the start matters, not just for the outcome, but for your peace of mind.
If you have been invited to a police interview or think you might be soon, speak to Holborn Adams before you attend. The earlier you do, the stronger your position will be.
