What is a Caution Plus 3 interview?
A caution plus 3 interview (also referred to as a voluntary interview) is a formal police interview which usually takes place at a police station. If you have been invited to a caution plus 3 interview, the police suspect you have committed an offence. The purpose of the interview is for the police to obtain evidence from you by questioning you. If you refuse to go to a Caution Plus 3 interview, the police may arrest you in order to carry out the interview. If you attend a caution plus 3 interview, you can leave the police station at any time. If, however, you decide to leave before the interview is over, the police may have grounds to arrest you in order to keep you there until they have finished questioning you.
You are entitled to free legal representation at a caution plus 3 interview
You have the right to free legal advice (legal aid) if you’re questioned at the police station. You can arrange your own solicitor to represent you, or you can ask the police to arrange one for you. The police will usually ask you about this when they contact you. If you ask the police to arrange a solicitor, they will register the case with the Defence Solicitor Call Centre who will allocate the case to a firm of solicitors. The firm will then arrange for a solicitor or police station accredited representative to represent you at your interview. Many firms use accredited representatives to represent clients at police interviews. Accredited representatives act as agents for the firm and are often self-employed.
The police caution
At the start of the interview, the police will caution you. This will happen before any questions are put to you about the allegation. The caution is a warning the police give at the start of every interview, and is as follows: ‘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.’ After the officer has cautioned you, they will start asking you questions. Anything you say in the interview can be used as evidence in court.
Do you have to answer questions?
No. The police cannot force you to answer questions, but there could be consequences if you do not. The police warned you about this when they cautioned you. The second part of the caution states: “But it may harm your defence if you do not mention when questioned something which you later rely on in court.” If you do not answer questions, it may harm your defence later on.
What options do you have in the interview?
You can answer all the questions the police ask, some of the questions, none of the questions, or you can give the police a prepared statement. A prepared statement is a written statement setting out what you have to say about the allegation. If you give a prepared statement, the police will still interview you, but you will usually be advised not to answer any questions. If you want to give a prepared statement, I can write it for you and read it out in the interview. I will also tell the police you will not be answering questions.
What happens at a Caution Plus 3 interview?
If you have legal representation, your representative will be able to obtain information from the police about the allegation before the interview. The police must provide sufficient information to enable you to understand the nature of the offence under investigation, and why you are suspected of having committed it. The police are not required to disclose details at a time which might prejudice the investigation. The decision about what needs to be disclosed rests with the investigating officer. Having obtained information from the police, the solicitor will consult with you in private to obtain your account of the incident and advise you accordingly. A room will be provided for this. The solicitor will advise you on your legal position, and what you should do in the interview i.e. answer questions, remain silent or give a prepared statement. After consulting with the solicitor, you will be interviewed.
What will happen after the interview?
The officer will refer the case to a sergeant or evidential review officer for a decision to be made regarding the outcome. Some matters will need to be referred to the Crown Prosecution Service (CPS) for a decision to be made.
What action can the police take?
There are a number of possible outcomes following a police interview.
No Further Action
A decision has been made not to take the matter any further, either because there was insufficient evidence to charge, or it was decided a prosecution was not in the public interest.
Charge
A charge is a formal accusation of a crime. If you are charged with an offence, you will have to go to court where you will be expected to plead guilty or not guilty to the charge. You will only be charged if the police or prosecutor believe (a) there is sufficient evidence to provide a realistic prospect of conviction, and (b) it is in the public interest to prosecute you.
Simple Caution
A simple caution is a formal warning given by the police to an adult (a person aged 18 or over) who admits committing an offence. Certain conditions must be satisfied before a simple caution can be given.
Conditional Caution
A conditional caution is a caution with one or more conditions attached. If you given a conditional caution, proceedings for the offence are halted while you are given an opportunity to comply with the conditions. Where the conditions are complied with, a prosecution is not normally commenced.
You have to be aged 18 or over to be given a conditional. If you are under 18, you may receive a youth caution.
Youth Caution
Youth Cautions are a formal out-of-court disposal that can be used as an alternative to prosecution for young offenders (aged 10 to 17) in certain circumstances. A Youth Caution may be given for any offence where the offence is admitted, there is sufficient evidence for a realistic prospect of conviction, but it is not in the public interest to prosecute.
Referral to the Youth Offending Team (YOT)
If you are a youth, the police may refer your case to the YOT. The YOT may carry out an assessment and offer a rehabilitation programme (at their discretion) if you have never received a Youth Caution or Youth Conditional Caution.
Community Resolution
This is an informal warning given by the police for low level offences. It can only be given if you admit committing an offence. A Community Resolution may be used with both youth and adult offenders. It is primarily aimed at first time offenders where genuine remorse has been expressed, and where the victim has agreed that they do not want the police to take more formal action.
Penalty Notice for Disorder
A PND is a type of fixed penalty notice for a specified range of low-level offences. An admission of guilt is not required, but there must be sufficient evidence to support a successful prosecution. Where the PND is paid in full, that discharges any liability to be convicted of the penalty offence. The paying of the penalty is not an admission of guilt.
How do the police decide whether to charge someone with an offence?
To charge you with an offence, the police must be satisfied there is enough evidence to provide a realistic prospect of conviction and that it is in the public interest to bring the case to court. The finding that there is a realistic prospect of conviction is based on an objective assessment of the evidence, including the impact of any defence and any other information that you put forward, or on which you might rely. It means that an objective, impartial and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict you of the charge alleged. This is a different test from the one that the criminal courts themselves must apply. A court may only convict you if it is sure that you are guilty. The police are not authorised to charge every offence. Some offences must be referred to a Crown prosecutor for a charging decision.
The police have asked me to attend a Caution Plus 3 interview. Does it mean there isn’t enough evidence?
No. Many people who attend Caution Plus 3 interviews do get charged, sometimes with serious offences. The police or CPS only charge in cases where there is a realistic prospect of conviction. In other words, where it is more likely that a court would find you guilty.
Why haven’t the police arrested me?
The police have decided it is not necessary to arrest you during their investigation. A lawful arrest requires two elements: A person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence AND reasonable grounds for believing that the person’s arrest is necessary. The criteria for what counts as necessity is set out in Code G of the Police Codes of Practice. To view the code in full, Click here.
Examples of where the police consider it necessary to carry out an arrest include:
- to find out a persons name or address.
- to stop the person hurting themselves or someone else.
- to protect a child or other vulnerable person.
- to carry out an interview because the person would not come to the station voluntarily.
- to carry out a house search without a court warrant.
- to prevent the person from disappearing.
Will the police arrest me when I go to a Caution Plus 3 interview?
Code G (2G) states: “When the person attends the police station voluntarily for interview by arrangement…their arrest on arrival at the station prior to interview would only be justified if:
- new information coming to light after the arrangements were made indicates that from that time, voluntary attendance ceased to be a practicable alternative and the person’s arrest became necessary; and
- it was not reasonably practicable for the person to be arrested before they attended the station.
If a person who attends the police station voluntarily to be interviewed decides to leave before the interview is complete, the police would at that point be entitled to consider whether their arrest was necessary to carry out the interview.”
There has to be NEW INFORMATION which the police became aware of AFTER they arranged the Caution Plus 3 interview. In the absence of new information, you should not be arrested.
What happens if I don’t go to a Caution Plus 3 interview?
The police may decide to arrest you in order to carry out the interview.
If the police arrest me, how long are they allowed to keep me for?
The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime.
Do I have to answer questions in a Caution Plus 3 interview?
Absolutely not. You have the right to remain silent. You do not have to speak to the police if you do not want to. The police cannot force you to talk to them. If you decide you are not going to speak to the police, the officer will still carry out the interview. You can remain silent throughout the interview or, as is common practice, you can answer ‘no comment’ each time you are asked a question.
How long does a Caution Plus 3 interview take?
Some interviews are very quick and over in a matter of minutes. Others take longer. In my experience, most interviews don’t take longer than an hour. Many are over within 30 mins. Each case is different and it really depends on how serious the allegation is and how much evidence the police have.
What questions will the police ask me?
The officer may outline in advance to your solicitor the general questions that will be asked during the interview. The police will aim to obtain a full and accurate account from you about the allegation. They will ask you any questions they feel are relevant to the investigation. The police sometimes ask questions they believe are relevant, but a solicitor disagrees and doesn’t think they are. The solicitor should normally intervene when that happens and either tell the officer the question isn’t relevant, or advise you not to answer it.
Contact
Yasar Saleem
Martin Murray & Associates, The Pavilions, Stoke Gardens, Slough SL1 3QD 01753 551313
