The Scottish Government's Letter of Rights says a person held at a police station has a right to speak privately to a lawyer before questioning and to have a lawyer present during interview. Citizens Advice Scotland also describes rights for voluntary suspect interviews, including advance information about the general nature of the suspected offence and the right to a solicitor.
Layperson's question file
LJBD / INT / 002 · Jurisdiction must be checked · Updated 1 August 2026
Invited to an interview
under caution
An interview under caution is not an informal chat. What is said, and in some jurisdictions a failure to mention something later relied upon, can have legal consequences. Establish your status, the general allegation, the applicable rules and access to a solicitor before deciding how to respond.
The safe first task
Do not guess what kind of interview this is. Ask who is interviewing you, in what capacity, about what general allegation, under which rules, and how you can obtain a solicitor's advice.
Police, local authorities, government departments, the RSPCA and the Scottish SPCA are not interchangeable. Their powers, procedures and geographic jurisdictions differ. The words “under caution” do not remove the need to identify the interviewer's authority.
Before deciding anything
- 01
Which organisation wants to interview me, and what is the interviewer’s name, role and authority?
- 02
Am I being approached as a suspect, a witness or in some other capacity?
- 03
Will this be an interview under caution?
- 04
Is attendance voluntary, and what does that mean under the rules that apply here?
- 05
What is the general nature of the alleged offence or conduct, and what period does it concern?
- 06
Which jurisdiction and interview rules apply?
- 07
Will the interview be audio or video recorded, and where will it take place?
- 08
Can I obtain legal advice before deciding whether to attend or agreeing a date?
- 09
Can a solicitor attend, and is publicly funded advice available?
- 10
What happens if I ask to rearrange the interview so I can obtain advice?
- 11
Who else will be present and what is each person’s role?
- 12
How can I obtain a record or copy of the interview afterwards?
Do not mix jurisdictions
PACE Code C governs police detention, treatment and questioning. Its voluntary-interview provisions include information about the offence sufficient to understand its nature and why the person is suspected, plus free and independent legal advice. The caution has wording and possible consequences that differ from Scotland.
Ask which statutory power or adopted procedure the organisation relies upon. Do not assume that an animal-welfare charity, council investigator, benefits investigator and police officer have the same powers or obligations.
An invitation can contain a date or deadline. Record it, do not ignore it, and seek criminal-law advice promptly. A solicitor can advise whether to attend, postpone, provide a prepared account, answer questions or use silence.
About “no comment”
There is no responsible one-line interview strategy for every case.
Some people have previously been advised by a solicitor to answer “no comment”. Others may be advised to answer selected questions, provide a prepared statement or give a full account. The correct course can depend on the evidence, the caution, disclosure, vulnerability, possible defences and the jurisdiction.
This site's line
We do not recommend saying “no comment”, and we do not recommend answering. We recommend asking for a solicitor and following current, case-specific legal advice. Saying “on previous legal advice” does not convert old advice into advice for a new allegation.
Your own chronology
Keep the record for yourself and any adviser you choose. Do not send it to this website.
- □The invitation, envelope, email headers and every attachment
- □Date and time of each call, caller’s name, role, number and organisation
- □Whether you were described as a suspect, witness or voluntary attendee
- □The exact description given of the alleged conduct and relevant dates
- □Whether attendance was said to be voluntary and whether you were told you could leave
- □Which caution, code, statute or internal procedure was named
- □Requests for legal advice, the answer and any agreed postponement
- □Proposed date, location, recording arrangements and people attending
- □Any deadline or consequence mentioned if you decline or postpone
Current starting sources
Scottish GovernmentLetter of Rights: access to a lawyer↗Citizens Advice ScotlandArrest, custody and voluntary suspect interviews in Scotland↗Citizens Advice ScotlandInterview under caution for alleged benefit fraud↗GOV.UKPACE Code C 2023, England and Wales↗Scottish Legal Aid BoardSolicitor Contact Line for people in police custody↗
The useful opportunity
Learn what process you are actually in.
The invitation is an opportunity to establish the allegation, status, authority, rules, recording arrangements and access to advice. It is not a reason to improvise an interview strategy from a blog.
Read the site boundary ↗