The Police Caution Explained: Wording, Voluntary Attendance and Common Errors

By Bob Denaro (KPM) · May 2026

“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.”

Every investigator can recite the police caution wording. Far fewer can explain it and Code C expects both.The caution has three parts, each doing distinct legal work.

The three parts of the caution

1. The right to silence

“You do not have to say anything.” This reflects the fundamental right to silence.

2. Adverse inferences

“But it may harm your defence if you do not mention when questioned something which you later rely on in court.” Under the Criminal Justice and Public Order Act 1994, failure to mention a fact later relied on in court may lead to adverse inferences being drawn.

3. Evidential status

“Anything you do say may be given in evidence.” Everything said is potentially admissible. Investigators must understand this — not merely recite it.

Voluntary attendance: the persistent misconception

Voluntary attendance does not remove the need to caution. If grounds to suspect exist when the voluntary interview begins, the caution must be administered before any questions about the offence. The person must also be told at the outset that they are not under arrest and are free to leave at any time unless subsequently arrested — and this must be documented.

Five rules that prevent exclusion

1.     Know your trigger. If grounds to suspect exist, caution before any questions about the offence.

2.     Explain where needed. If the person does not appear to understand the caution, explain it, and document that explanation.

3.     Never assume voluntary attendance removes the need to caution. It does not.

4.     Tell them they are free to leave. Voluntary attendees must be told they are not under arrest and are free to leave at any time, document this.

5.     If in doubt, caution. It is always better to caution correctly than to risk exclusion.

Training that covers this

BDG's PACE Training takes investigators beyond recitation to genuine understanding of the caution, voluntary interviews and Code C compliance. Email info@bdgtrainingconsultancy.co.uk for in-house delivery.

This article is adapted from the BDG Investigator Bulletin, Edition 2 (May 2026). Download the full edition free — and subscribe to receive each monthly edition by email.

This article is provided for professional development purposes and does not constitute legal advice.