The police caution and staying silent

You do not have to say anything to police. But staying silent about something you later rely on in court can be held against you.

The police caution tells you that you do not have to say anything.
The caution also tells you that anything you say can be used as evidence.
Staying silent about a fact you later rely on in court can be held against you.
On its own this cannot convict you.
Courts treat silence as reasonable if your solicitor advised you to stay silent.
You do not have to answer any question in a police interview.
You can speak to a solicitor privately at any time before you answer questions.
This advice is free no matter how much money you have.
You can also give a written statement instead of answering questions live.
This page is about England and Wales.
Scotland has different rules about staying silent.

This is the short and simple version.

The full page has more detail. It also shows the law each point comes from.

Checked 2026-08-26. This is information, not legal advice.