Pre-Charge Advice & Representation

A voluntary police interview or interview under caution is a formal conversation with police that more often than not 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 failure to attend or leaving during the course of the interview could result in you being arrested.

While a voluntary interview might be conducted in a less formal way than an interview under arrest, the interview will still be recorded and anything you say can potentially be used against you in any criminal proceedings. You still have the right to a solicitor during an interview under caution and, once you have requested a solicitor, the police officers must not ask you any questions in relation to the allegation until your solicitor has arrived.

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.

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

Yes. Whilst there is no suggestion of any deliberate malpractice by the police, there is an obvious danger that those requested to attend such interviews, by virtue of their informal nature, do not necessarily appreciate the seriousness of their position. Indeed, many may not even appreciate they are ‘suspects’ in criminal proceedings. Significantly, offences that previously would have been dealt with by arrest and detention in a police station are now routinely dealt with by way of a voluntary interview often, perhaps unwittingly, lulling a suspect into a false sense of security.

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. 

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.

Yes you can refuse to attend a voluntary police interview. However, this could lead the police to considering it is both ‘necessary’ and ‘proportionate’ to arrest you in order to interview you whilst under arrest in a police station.

There are a number of options for legal representations at the police station. The most important point is that you should never be interviewed by the police without a solicitor being present. Sometimes the police may suggest they need to ‘have a chat’ with you or simply take your account which can make it appear as though is is a relatively informal process and a solicitor is not required. This is not the case. An interview is a formal procedure as part of a criminal investigation and can result in aan individual being prosecuted for a criminal offence.

The police can arrange for a duty solicitor to attend. This is free of charge and independent from the police.  Alternatively you can arrange for your own solicitor to attend – this may be on a legally aided basis or on a privately funded basis.

As with any criminal investigation, those suspected of offending will benefit from early legal representation. Not only is a solicitor able to liaise with the officer dealing with a case to facilitate an interview at a time convenient to all but is, more often that not, able to obtain some advance disclosure of the particulars of the allegation and therefore arrange a meaningful conference prior to attendance at the police station, often providing the upper hand.