Voluntary Police Interview Solicitors: Expert Legal Defence

Common questions about to voluntary interviews

What is a voluntary police interview?

A voluntary police interview or interview under caution is a formal conversation with police that usually takes place at a police station. You do not have to attend and you can leave at any time once the interview has begun. However, as noted above, failure to attend or attempting to leave could result in you being arrested.

While the voluntary police interview procedure might be conducted in a less formal way than an interview under arrest, police voluntary interview questions will still be recorded and anything you say can potentially be used against you in any subsequent criminal proceedings.

You have the right to a solicitor during an interview under caution and, once you have requested a solicitor, the police officers are not allowed to ask you any questions until your solicitor has arrived.

You will normally be invited to the interview in writing, with the option of two different dates to choose from. You can also suggest an alternative date if needed.

What happens at a police interview?

At the start of the interview, the police should tell you:

• The names of the officers in attendance
• That the interview is being recorded
• The purpose of the interview – including what offence is being investigated
• That you can choose to end the interview at any time
• That you do not have to say anything
• That anything you do say can be used against you in a court of law
• That you have the right to legal representation

You should be formally cautioned – if this does not happen, then anything you say during the interview may potentially be considered inadmissible as evidence by a court.

Police voluntary interview questions can cover issues such as:

• Your whereabouts at certain times
• Whether you know certain people
• Your knowledge of specific events

You have the right to breaks (normally 15 minutes every two hours) if the interview goes on for this long.

Why do police use voluntary interviews?

There are various reasons why the police may choose to use a voluntary interview including:

• The police do not feel they have sufficient grounds to suspect you of having committed a crime, so they cannot arrest you
• They may feel you will be more cooperative if you are not under arrest
• There has been significant pressure on the police in recent years to avoid having suspects be released on bail for long periods and delaying the point of arrest can help reduce the length of time a suspect is on bail
• It can be cheaper for the police than the cost of an arrest and detention
•  Police do not believe that the person’s arrest is necessary at that point

What happens after a voluntary police interview?

Voluntary police interview outcomes can vary. Following a voluntary police interview under caution you could be:

• Free to go with no further action
• Arrested and charged with a criminal offence
• Released under investigation
•  If you are told that you will be reported for a charge to be considered against you, you may need to supply your fingerprints, DNA sample and photograph.
• You may be requested to consent to taking part in an identification process, or voluntarily surrender items.

If you are charged with a criminal offence, you will need the very best legal representation for your case to help avoid conviction or reduce the potential penalties if conviction is unavoidable. We can provide a proactive Private service after the police interview for you to undertake key work on your behalf.

If you are questioned by the police but not charged, and are released under investigation, it is a good idea to take specialist legal advice as you may still be arrested and charged with a criminal offence at any time.

One common problem is that the police are not required to inform you if they decide to take no further action following a voluntary interview. No further action after a police interview can still often leave people feeling like they are ‘on the hook’ for an offence.

Similarly, you may only find out that further action is being taken at the point when you suddenly receive a summons to attend court proceedings.

If you have been questioned by the police but not charged, an experienced criminal defence solicitor can maintain pressure on the police to make a decision and ensure you stay informed, helping to reduce any potential for worry following a voluntary interview under caution.

What happens if you don’t attend a voluntary police interview?

If you refuse to attend a voluntary interview without a valid legal reason, the police will likely arrest you. Under PACE Code G, police can arrest you if they believe it is "necessary" to secure evidence. Refusing a voluntary slot gives them the "necessity" they need to arrest you at home or work, detain you in a cell, and take your biometrics (fingerprints and DNA).

leave unless arrested, but your statements can still be used against you, so legal advice is crucial.

The 3 immediate risks of non-attendance

Don't assume a "voluntary" interview is optional. If you ignore the police, the situation escalates immediately:

1. You Trigger an Arrest (PACE Code G): The police prefer voluntary interviews to save paperwork. If you refuse, you force their hand. They can legally justify arresting you to "prompt and effective investigation," meaning you will be taken into custody against your will.
2. You Lose Control of the Schedule: A voluntary interview happens at a time we negotiate for you. An arrest happens at 6:00 AM at your front door.
3. Your "Refusal" Looks Suspicious: While you have a right to silence, refusing to attend can be painted by prosecutors as evasive behavior, which sets a negative tone before you even enter the room.

When should you NOT attend?

You should only decline a specific date if your solicitor advises it—usually to reschedule for a time when we have secured disclosure (evidence) beforehand. Never decline without a lawyer having already spoken to the officer.

Can you be charged at a voluntary police interview?

Yes, you can be charged after a voluntary police interview, as the interview is part of the investigation to gather evidence, but charges usually come later through a postal requisition or at the station, not during the interview itself; however, you are free to

Is a voluntary interview at a police station better than being arrested?

In many ways, being voluntarily interviewed by police is not that different to being interviewed under arrest. However, one key benefit is that you will not have been arrested, so you will not need to disclose the police interview if, for example, you ever need to undergo a DBS check for work.

What to do if someone under 18 is invited to a voluntary police interview

If someone under the age of 18 (or a vulnerable adult) is invited to a police interview under caution, then an appropriate adult must be present during the interview. They must also be present during an identification process or intimate searches that take place.

This appropriate adult will normally be the parent, guardian or social worker of the young person or vulnerable person.

What are my voluntary police interview rights?

Your rights related to the police interview procedure are set out in PACE Code C.

FULL RIGHTS AT VOLUNTARY POLICE INTERVIEW

In every scenario, the police will need to obtain your consent before conducting a voluntary interview. Your rights, entitlements and safeguards should be clearly explained to you before you provide your consent.

Before the voluntary interview begins, you must also be provided with enough information to help you understand the nature of the offence and why you are being interviewed in connection with it. The police do not have to disclose their entire case, but they must provide enough information for you to be able to mount an effective defence.

Importantly, you will always have the right to legal representation. When instructed, our solicitors can provide legal representation before and during the voluntary interview.

How long does a voluntary police interview take?

The time it takes to complete an interview under caution will vary depending on the circumstances and complexity of the case and the charges being considered by the police.

Typically, a voluntary interview should take no longer than 1-2 hours to complete, after which the police questioning procedure dictates that a decision will then be made on whether or not to make an arrest.

How long after a police interview do you hear back?

What happens after a voluntary interview with the police will depend on the action taken.

Voluntary police interview outcomes include being:

• Free to go with no further action
• Arrested and charged with a criminal offence
• Released under investigation
• Told that you will be reported for a charge to be considered against you, where you may need to supply your fingerprints, DNA sample and photograph
• Requested to consent to taking part in an identification process, or voluntarily surrender items.

The time it takes for any of these outcomes to be reached will depend on the complexity of your case and what information is provided in the voluntary interview.

Does the fact that it's voluntary mean there isn't enough evidence?

A police voluntary interview is often used in situations where the police do not feel that they have sufficient grounds to suspect you of having committed a crime. This doesn’t, however, mean that there isn’t enough evidence.

The police may have built a strong case against you, but believe that it would be more appropriate to invite you for a voluntary interview, rather than to arrest you.

Voluntary interviews should always be treated very seriously, and it is vital that you do not fall into the trap of believing that the police do not have any evidence or are only interview you as a witness.

Can the police charge you without interviewing you?

The police may have the authority to charge you without interviewing or arresting you. This would be in situations where there is sufficient evidence to justify this charging decision.

On a similar note, charging decisions that are taken without an interview taking place are usually made for minor offences, such as driving offences, where the evidence appears to be obvious and/or indisputable.

For more serious offences, the police/CPS will apply the full code test to determine whether it would be appropriate to present a charge to the criminal court. It is not always necessary for the police to conduct an interview to find that the full code test has been met.

Common mistakes to avoid when attending a voluntary police interview

Thinking you are just being interviewed as a potential witness

One of the most common errors people make is to not realise the seriousness of the situation or that they are at risk of criminal charges.

Many people fall into the trap of thinking they are being interviewed as a potential witness and police officers may not necessarily always make it clear that this is not the case. This can lead them to disclosing things that they would otherwise have kept to themselves.

Ignoring the letter inviting you to an interview

This can be tempting – either because you think you do not need to bother or because you hope the police will give up if they don’t hear from you. In reality, ignoring the letter can mean the police will simply decide to arrest you instead.

Speaking to the police voluntarily without a lawyer

We can’t stress enough what a bad decision this is! It is very easy to mistakenly say the wrong thing during a police interview, leaving yourself at risk of arrest and criminal charges. Please never speak to the police without a specialist criminal defence lawyer present as there is a strong chance you will regret it.

Contact our criminal defence lawyers today

For a free initial consultation, urgent specialist advice or immediate representation for a voluntary police interview, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham or Manchester by telephone on:

• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161835 1638
• Birmingham Office: 0121614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.