What is a 'special warning' and when is it needed?

A special warning is an additional warning required before an adverse inference can be drawn under s.36 CJPOA 1994 (failure or refusal to account for an object, substance or mark) or s.37 CJPOA 1994 (failure or refusal to account for presence at a place). It is distinct from the general s.34 inference, which needs only the standard caution. A person cannot be convicted solely on an inference under s.34, s.36 or s.37 (s.38(3) CJPOA 1994), and no such inference may be drawn if the suspect had not been allowed prior access to legal advice (s.58 Youth Justice and Criminal Evidence Act 1999).

Is an officer required to visually record a suspect interview?

No. PACE Code E governs the audio recording of interviews with suspects. PACE Code F provides guidance for interviews that are visually recorded, but there is no statutory requirement to visually record an interview — Code F applies only where an officer or force chooses to record visually.

PEACE Interview Model

The five-stage PEACE interview framework, the standard caution given verbatim, special warnings under CJPOA 1994 s.36/s.37, the limits on adverse inference, and PACE Code C/E/F rules on legal advisers, appropriate adults and recording — an officer quick-reference.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

Reviewed by the BlueLineHub Editorial Team

Last reviewed: 26 August 2026 · Next review due: 26 February 2027

Reviewed by BlueLineHub Editorial

What is the PEACE interview model and what are the rules on the caution, special warnings and adverse inference?

PEACE is a five-stage structured interview model: Planning & Preparation, Engage & Explain, Account/Clarification/Challenge, Closure, and Evaluation. The standard caution (PACE Code C, para 10.5) is: "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."

Under s.34 Criminal Justice and Public Order Act (CJPOA) 1994, a court may draw an adverse inference from a suspect's failure to mention, when questioned under caution, a fact later relied on in court — the standard caution alone covers this. A 'special warning' is a distinct, additional warning required before an adverse inference can be drawn under s.36 CJPOA 1994 (failure or refusal to account for an object, substance or mark) or s.37 CJPOA 1994 (failure or refusal to account for presence at a place). Under s.38(3) CJPOA 1994, a person cannot be convicted solely on an inference drawn under s.34, s.36 or s.37, and under s.58 Youth Justice and Criminal Evidence Act 1999, no such inference may be drawn if the suspect had not been allowed an opportunity to consult a solicitor beforehand.

All operational references

PEACE — Planning & Preparation, Engage & Explain, Account/Clarification/Challenge, Closure, Evaluation — is the structured interview framework used across UK policing for interviews with suspects, victims and witnesses. This reference covers the five stages, the standard caution, the special-warning provisions and their safeguards, PACE Code E/F recording, and the legal-adviser and appropriate-adult rules. It is educational reference, not tactical guidance — follow your force policy, training and current law.

The Five PEACE Stages

The structured interview framework used across UK policing.

PPlanning & Preparation: Research the offence and the suspect's background (PNC, intelligence). Review all available evidence: CCTV, witness statements, forensics, digital. Plan question topics and sequence — what are the points to prove? Legal framework check: what elements of the offence need to be established? Prepare the room, recording equipment, and documentation (MG15). Consider: is the suspect vulnerable? Is an appropriate adult needed?
EEngage & Explain: Build rapport — introduce yourself, offer a drink, check comfort. Explain the process: the interview is being recorded, their legal rights, and the structure of what will happen. Re-administer the caution and confirm the suspect understands it. If an appropriate adult is present, confirm their role. Keep the tone professional but human — rapport improves the quality of accounts.
AAccount, Clarification & Challenge: Start with an open account: "Tell me in your own words what happened." Allow the suspect to give an uninterrupted narrative — do not cut them off. Clarify: "You mentioned X — can you tell me more about that?" Challenge inconsistencies with evidence: "We have CCTV showing Y — can you explain?" Don't argue — present evidence calmly and let the suspect respond. Use the TED approach: Tell me, Explain, Describe.
CClosure: Summarise what was said and check accuracy with the suspect. Ask: "Is there anything else you want to say or add?" Explain what happens next: bail decision, further investigation, CPS referral. Check the suspect's welfare before ending. End the recording properly and seal the master copy.
EEvaluation: Assess: was the account reliable? What was confirmed or denied? What further enquiries are now needed? Write up the interview summary (MG15 form). Brief your supervisor on the outcome and next steps. Review your own performance — what went well, what could improve?

Adverse Inference and Special Warnings

Section 34 CJPOA 1994 allows a court to draw an adverse inference where a suspect, on being questioned under caution, fails to mention a fact they later rely on in court. This is the general at-interview inference and requires only the standard caution — no special warning is needed.

A 'special warning' is a distinct, additional warning that must be given before an adverse inference can be drawn under s.36 CJPOA 1994 (failure or refusal to account for an object, substance or mark found on the suspect, at the scene, or on their clothing) or s.37 CJPOA 1994 (failure or refusal to account for the suspect's presence at a particular place). It warns the suspect, in ordinary language, that a court may draw an adverse inference from their continued failure or refusal to account for the specific matter in question.

Two safeguards apply to all three inference provisions. Under s.38(3) CJPOA 1994, a person cannot be convicted solely on an inference drawn under s.34, s.36 or s.37; there must be other evidence too. Under s.58 Youth Justice and Criminal Evidence Act 1999, no adverse inference may be drawn under any of these sections where the suspect had not been allowed an opportunity to consult a solicitor prior to being questioned, charged, or informed they might be prosecuted.

Recording the Interview — PACE Code E & Code F

PACE Code E governs the audio recording of interviews with suspects.

PACE Code F provides guidance for interviews that are recorded visually. There is no statutory requirement to visually record an interview — Code F applies where an officer or force chooses to record visually, not as a mandatory default.

Legal Adviser & Appropriate Adult — PACE Code C

A detained suspect is entitled to have their solicitor present throughout the interview (PACE Code C, section 6).
A juvenile or vulnerable suspect must not be interviewed about their involvement in an offence without an appropriate adult present (PACE Code C).

Key Principles

Core rules that apply throughout every PEACE interview.

Open questions before closed questions — get their account first.
Silence is OK — don't rush to fill it. Let the suspect think.
Never promise outcomes ("If you tell me, I'll let you go").
Record significant statements made outside of interview.
Special warnings under s.36/s.37 CJPOA 1994 if appropriate (failure to account for objects, marks, or presence).
Legal adviser has the right to be present throughout (PACE Code C).

Procedure cards

The same provisions, reproduced verbatim from the PACE Codes and Act sections, laid out in procedure order.

Recording interviews — audio and visual (Codes E & F) →

Frequently asked

What is the standard police caution?: "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." This is the caution set out in PACE Code C, para 10.5.
What is a 'special warning' and when is it needed?: A special warning is an additional warning required before an adverse inference can be drawn under s.36 CJPOA 1994 (failure or refusal to account for an object, substance or mark) or s.37 CJPOA 1994 (failure or refusal to account for presence at a place). It is distinct from the general s.34 inference, which needs only the standard caution. A person cannot be convicted solely on an inference under s.34, s.36 or s.37 (s.38(3) CJPOA 1994), and no such inference may be drawn if the suspect had not been allowed prior access to legal advice (s.58 Youth Justice and Criminal Evidence Act 1999).
Is an officer required to visually record a suspect interview?: No. PACE Code E governs the audio recording of interviews with suspects. PACE Code F provides guidance for interviews that are visually recorded, but there is no statutory requirement to visually record an interview — Code F applies only where an officer or force chooses to record visually.