Correct on the date of publication - 8 September 2025

Question: 

During an interview with a suspect, at what point during the delivery of a special warning do you need to re-caution them?

Answer:

The PACE Codes of Practice provide guidance on dealing with a suspect under PACE.  For guidance on cautions and interviewing, see Code C.  This Code must also be read in conjunction with PACE Codes of Practice E and G.

In accordance with paragraph 10.1 of PACE Code C, a caution must be given to a person whom there are grounds to suspect of an offence, before any questions or further questions are put to the suspect if the answer will provide the grounds for suspicion.  There must be some reasonable, objective grounds for the suspicion, based on known facts or information which are relevant to the likelihood the offence has been committed and the person to be questioned committed it.

Code C also guides on this caution. The wording of the caution can take two forms: 

  • Where restriction on drawing adverse inferences from silence does not apply – see 10.5 of Code C:
“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."

OR 
  • Where restriction on drawing adverse inferences from silence does apply – see paragraph 2 of Annex C of PACE Code of Practice C:  
"You do not have to say anything, but anything you do say may be given in evidence."

Paragraphs 10.10 to 10.11 of PACE Code of Practice C, concern special warnings under Sections 36 and 37 of the Criminal Justice and Public Order Act 1994 and provides guidance on when a special warning is required in addition to a caution.

A special warning is the constable telling the suspect, in ordinary language, in interview following arrest, the following points:
 
  • The details of the offence.
  • The specific facts that the suspect is being asked to account for.
  • Why the investigator thinks these facts may link the suspect to the offence.
  • That a court may draw an inference if the suspect fails to account for these facts.
  • That a record is being made of the interview and that it may be given in evidence if the suspect is brought to trial.
There is no specific form of wording to be used for a special warning, but there are suggested wordings on PNLD that may be used:
  The timing of giving the special warning is at the interviewer's discretion - they can introduce the special warning at the end of a relevant topic, in the early stages of an interview, or in the latter stages of the interview, prior to the challenge phase. 

The training given in the West Yorkshire Police Force provides the format for a special warning (OFFID) is as follows:

Offence: I am investigating the offence of …………

Fact: I am asking you to account for ………… (a mark / a mark on an object / an object / a substance / your presence at a place at or about the time of the offence).

Fact: The reason why I am asking you to account for this is because I believe that  ………… (a mark / a mark on an object / an object / a substance / your presence at a place at or about the time of the offence) is due to your involvement in this offence.

Inference: I must warn you that should you fail to provide a satisfactory explanation, the court may draw their own conclusions as to why you have failed to do so.

Digitally Recorded: This interview is being digitally recorded and may be given in evidence at court as a factual record of what was said in this interview.

So I will ask you again to account for ………… (a mark / a mark on an object / an object / a substance / your presence at a place at or about the time of the offence)

Probe any account provided.

(Consider further Special Warnings and when to deliver them, now or later. If now, omit the Offence and the fact that the interview is being Digitally Recorded).

End special warning ………… That is the end of the Special Warning, we do have further questions but those questions will be asked under the caution that you were given at the start of this interview, that is:

You do not have to say anything, but if 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.

Therefore, the caution given at the beginning of the interview should be given again at the end of the Special Warning so the interviewing officer can continue asking questions under that caution.


View the full Legal Q&A document here, with links to related and similar legal questions.

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