Voluntary Police Interview

A voluntary police interview involves an invitation to attend a police station to be interviewed about an alleged offence. 

This negates the need for a formal arrest and can appear quite informal. However, the interview will be under caution, recorded and can lead to a prosecution.  It can be used in evidence in any subsequent criminal proceedings. It is very important that such an arrangement is taken seriously.  As seriously, in fact, as if you had been arrested and detained.

Do I have to attend?

As a volunteer at the station, you have the right to leave at any time, and you do not have to consent to the interview.  However, there is every chance that taking such action, where the police have reason to suspect you of a crime, may well lead to your arrest. Likewise, if you simply ignore the invitation.  By attending voluntarily, it often means that it can be arranged for a convenient time and avoid the need for the obvious effects of being arrested unexpectedly.

Do I need a solicitor?

You are entitled to free and independent legal advice.  You may instruct your own chosen solicitor if you wish. Otherwise, you may request the assistance of a local Duty Solicitor who will be in attendance to assist you.  The Duty Solicitor is simply a local lawyer who has agreed to be on rota to be available to assist those who do not already have representation in place.  They are independent of the police.  This service is free of charge.

If you need the assistance of an interpreter or an appropriate adult (due to any vulnerability such as youth) one will be provided to you.

At the beginning of the interview, you will be reminded of the ‘caution’.  This confirms that you do not have to answer questions.  However, you are told that if you do not mention something that you later rely on in court, this may harm your defence.  In other words, a court may ask itself why you did not give your explanation in police interview when you had every opportunity.  The conclusion may be that the explanation in court may be a later fabrication.  Anything said in interview is recorded and may be used in court proceedings.  Your legal advisor will help you to decide whether it is better to answer questions, not answer questions, or proffer a prepared statement in answer to the investigation.

The fact that you have been invited to attend as a volunteer does not mean that the offence alleged against you is not serious.  Very many people are interviewed in this way in relation to offences which carry significant sentences of imprisonment upon conviction.

Hopefully, it is now clear that obtaining legal representation is advisable.  Despite what some may think, having a solicitor present this does not make you look guilty. and no court would make that presumption. 

A legal representative can enquire the reason that you are being investigated on your behalf.  They can explain the procedure for the interview in advance and provide you with confidential advice on how best to deal with the interview.  It is also likely to be of comfort to have someone with you who is ‘on your side’.  In the event that you are subsequently made the subject of court proceedings, you would then already be well placed to have representation in place to help you through that.

For those who are interested to read the rules governing attendance at the police station for voluntary interview, they should look into Code C of the Police and Criminal Evidence Act (PACE).

How can we help?

You should always have legal representation if you are being questioned by the police. Our expert criminal defence solicitors in Stoke are here to help you. 

Contact our team by telephone on 0178 232 4454, complete our contact form or send us an email via info@smithpartnership.co.uk.

We also have expert criminal defence solicitors at our offices across the midlands, in Burton, Derby, Leicester and Swadlincote.