Legal issues
Section 34 of the Criminal Justice and Public Order Act 1994 concerns defined circumstances where an accused person later relies on a fact that could reasonably have been mentioned when questioned under caution or when charged. The statutory conditions and safeguards matter: silence is not automatic proof of guilt. PACE Code C governs interview safeguards and access to legal advice, including voluntary interviews. The advice must distinguish what was actually disclosed from what is only suspected or assumed.
This guide concerns England and Wales. Read our voluntary police interview advice, police station representation service and guide to what happens after interview.
Evidence that matters
Give your solicitor the interview invitation, any disclosed allegation, relevant messages and an accurate account of what you remember. Identify uncertainty rather than fill gaps. Explain health, medication, communication or vulnerability issues that affect participation. A strategy based on an incomplete private account can fail when a new document or question appears.
Reasonable lines of enquiry
Consider three questions: is there a clear account that can safely be given; is disclosure sufficient to understand the allegation; and is there a particular fact whose omission could matter later? A prepared statement should contain your properly considered account, not generic denials or language you do not understand.
What happens next
Answering questions allows an account to be explored but can lead to mistakes if you guess or misunderstand. No comment avoids an improvised account but may carry evidential consequences. A prepared statement can record a defined position while leaving later questions unanswered; it may still omit facts later relied on. The approach must be reviewed if disclosure or instructions change during interview.
Immediate steps
Arrange legal advice before attendance and allow time for a private consultation. Do not memorise a downloaded statement or coordinate accounts with another suspect. Ask for clarification if you do not understand a question and tell your solicitor if you need a break or further advice.
What should you send us?
Send the police contact details, interview date, alleged offence, arrest or voluntary status, previous interview information and any urgent health or communication needs.