(This is a follow-up from this article, which explains how interviews are carried out at a police station.)
If you’ve ever watched a British crime drama, you’ve probably seen the scene a hundred times: a pair of gritty detectives show up on the doorstep of some crim’s flat, barely wait for the door to open, and barge their way inside for an impromptu “interview.” They deliver questions like accusations, give barely a moment for answers, and—most importantly—somehow gather an incredible amount of evidence from this hasty chat on the sofa, all without so much as a caution. It all seems terribly exciting and very dramatic, but here’s the truth: real-life police interviews look almost nothing like that.
Interview Definition
A police interview is defined as a series of questions in which a person is asked to account for their actions, presence, or involvement in relation to a crime. This is different from a witness statement, where a person may be asked to describe what they saw or heard after having witnessed a crime or other incident.
A Quick Note About the Law
As a former police officer (in England), I spent years adhering to PACE, the Police and Criminal Evidence Act 1984. PACE sets out the legal framework for how police operate in England and Wales, ensuring that suspects are treated fairly and evidence is gathered properly. In Scotland, however, the equivalent legislation is the Criminal Procedure (Scotland) Act 1995 and the Criminal Justice (Scotland) Act 2016. These laws for Scottish policing cover similar ground to PACE. While there are similarities, the procedures and specific requirements can differ.
When you’re watching your favourite British crime drama, remember: if it’s set in England or Wales, PACE is the governing act, but if they’re solving murders north of the border, it’s a different set of rules entirely.
Contemporaneous Interviews
In TV dramas, detectives have a knack for catching suspects off-guard and extracting a full confession on the spot. In real life, any interview that takes place outside of a formal setting is known as a contemporaneous interview. This could be the kind of casual conversation you might see taking place on someone’s doorstep, at their workplace, or even in the pub. And while there are certainly occasions where these interviews are acceptable, they come with strict guidelines. A common example of contemporaneous interviews are those performed by road traffic officers at the scene of collision.
First and foremost, every officer should inform the person they’re speaking to of their rights if they intend to use anything said in evidence. That means issuing a police “when questioned” caution: “You do not have to say anything, but it may harm your defence if you do not mention when questioned something that you later rely on in court. Anything you do say may be used in evidence.” There’s no slipping around this rule; it’s one of the fundamentals of PACE.
And if the questions are about an offence serious enough to land someone in Crown Court—known as an indictable offence—then those interviews must be held at a police station, not in someone’s front room. Of course, this means our favourite TV detectives, who seem to love casually grilling suspects in kitchens and living rooms, would be in for a rude surprise in real life. A doorstep confession or impromptu chat over tea simply wouldn’t cut it in these cases.
“Come Down to the Station, Would You?”
In the real world, if an officer truly believes someone has committed an offence, they’re not going to try and get a confession in the hallway. They’re going to invite them to the station for a formal interview. Of course, “invite” is often a polite way of saying they’ll be arresting the person, but that’s all part of ensuring everything is by the book.
Not all interviews require an arrest, though TV dramas rarely show it. Sometimes, a person may be invited in for what’s called a voluntary interview, where they attend the police station willingly, without being under arrest. While the setting and recording procedures are much the same, the person is free to leave at any time. They still receive a caution and are advised of their right to legal representation. Voluntary interviews can be useful in situations where there isn’t enough evidence or the necessity to warrant an arrest, but the police still want to ask a few questions. It’s a much less dramatic affair than the scenes we see on TV, but it’s a valuable tool in real policing.
An interview at the station is a formal process. The suspect will be cautioned, and the entire interview will be recorded—none of this dictaphone-on-the-dining-table business. Instead, we’re talking about a full audiovisual setup, complete with a clear statement of time, date, and the individuals present. Think of it as the Netflix of interview procedures, complete with the highest fidelity (and none of the entertainment value).
What’s more, the suspect is offered the right to free independent legal advice. They’re entitled to speak to a solicitor, and if they can’t afford one, the state will provide one for free. This right is enshrined in law, and it’s one of the cornerstones of PACE. Not only does it ensure that suspects have someone looking out for their best interests, but it also helps level the playing field when faced with, let’s be honest, some pretty intimidating questions. Imagine your favourite TV detective breaking mid-interview to say, “Would you like a solicitor, by the way?” You’d have to sit down from the shock.
Why Following PACE Matters
The casual chats seen in TV dramas might make for good television, but they would lead to an absolute debacle in court. That’s because, under PACE, any evidence gathered must be obtained fairly and legally. If it’s not, defence counsel will have a field day with it, and rightly so. The whole point of PACE is to protect the rights of individuals while allowing the police to do their job without veering into “intimidation tactics” territory.
Imagine the courtroom scene in your favourite TV drama—perhaps the moment where the detective proudly presents the suspect’s doorstep confession as the crowning jewel of their case. Now imagine the defence barrister gently pointing out that the confession was obtained without a caution, with no legal representation offered, and outside of any formal setting. It would be tossed out, and probably with a reprimand for the officer, too. Real-life courts demand more, as they should.
The Importance of Legal Advice in Interviews
Every individual brought in for questioning at the police station has the right to free, independent legal advice. It’s not there to make things difficult for the police or to give suspects a “get out of jail free” card. It’s there to ensure that everyone is treated fairly, that people understand the legal consequences of their words, and to prevent miscarriages of justice.
Consider how often we see a suspect in a TV drama waive their right to a solicitor. In real life, this would be a rare occurrence, and a good solicitor will insist on being present throughout the questioning. Any solicitor worth their salt will advise their client to answer only what’s necessary and, if appropriate, to stay silent. After all, under English law, no one is required to help build the case against themselves, and the famous “right to silence” is a real thing.
The Drama (and Humour) of Real Life Interviews
As a crime writer now, I confess there’s something tempting about writing a rogue detective who goes “off script” and bypasses the rules to get results. But as someone who knows the value of PACE, I also understand that the real work of policing is in following the rules, not bending them. Real police work might not have the glamour of TV dramas, but it has its moments.
For example, there’s nothing quite like watching a suspect try to talk their way out of a corner in a formal interview room, with cameras rolling and their solicitor sitting across from them. No matter how polished they were on their doorstep, once they’re in the interview room, there’s an art to watching the truth slowly unravel.
So, next time you see a detective cornering a suspect in their front room, remember that’s pure TV. Real police work, bound by PACE, happens in the formal confines of the station. It’s recorded, cautious, and above all, fair. And while it may not be quite as dramatic as a doorstep showdown, it’s what keeps justice on the rails in the UK.
That’s what you won’t see on TV, but for those of us who care about how justice really works, it’s every bit as satisfying.