ACTIONS AGAINST POLICE

Your rights during a voluntary police interview

Being invited to a voluntary police interview can be nerve-wracking, especially if you don’t know what to expect. The term voluntary suggests a casual conversation or an informal meeting to clear things up. However, in the eyes of the law in England and Wales, this is a formal procedure that can have significant legal consequences.

At DPP Law, we believe being informed is your best defence, understanding your rights during a voluntary interview is the first step in protecting your future and your freedom.

What is a Voluntary Police Interview?

A voluntary police interview (often referred to as a ‘’caution plus three’’ interview) is a formal conversation with the police where you are invited to provide information regarding a crime, either as a suspect or a witness. While you are technically free to leave, the interview is recorded and conducted under caution which means there can still be legal repercussions.

Is it the same as a voluntary interview under caution?

Yes. If you are being interviewed about your suspected involvement in a criminal offence, the police must caution you. This is the well-known phrase: ‘’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…’’.

Even if the meeting takes place at your home or in a neutral location rather than a police station, if the caution is read, it is a formal criminal defence matter.

Do I have to attend a voluntary interview?

Technically, because you are not under arrest, you cannot be forced to go. However, refusing to attend does not make the investigation go away. If you refuse to attend or fail to show up, the police may decide that they have the necessity to arrest you to progress their investigation. You can read more about police arrest powers here.

What happens if I refuse?

  • The police may obtain a warrant for your arrest
  • You lose the voluntary status of the encounter
  • The investigation continues without your side of the story being heard.

Before deciding whether to attend, you should seek legal advice to negotiate the terms of the meeting and ensure you are fully prepared.

Your Legal Rights During the Interview

Under the Police and Criminal Evidence Act 1984 (PACE) Code C, you have the following fundamental rights during your interview:

  1. The Right to Free Legal Advice

This is the most important right you have. Many people worry that asking for a solicitor makes them look guilty but the police expect you to have representation. Legal advice at the police station is free of charge via the Duty Solicitor scheme, or you can appoint a specialist firm like DPP Law.

Note that here are funding limits for legal representation depending on the location and nature of the interview, but basic advice for a voluntary interview at a police station is generally covered.

  1. The Right to Silence

You have the right to remain silent. However, you must discuss this strategy with your solicitor, as a ‘’no comment’’ interview can have consequences if the case goes to court.

  1. Practical Safeguards
  • You are entitled to breaks for refreshment and rest
  • If you are under 18 or are a vulnerable adult, you must have an appropriate adult present to support you.
  • If English is not your first language, you have the right to a qualified interpreter.

Can the Police Arrest you at a Voluntary Interview?

The answer is yes. While you start the interview as a volunteer and are technically free to leave the station at any time, the police can arrest you if:

  • New evidence comes to light during the interview
  • They believe your arrest is necessary to prevent you from feeling before the investigation is complete
  • You attempt to leave before they have finished asking essential questions

Having a solicitor present significantly reduces the risk of an unexpected arrest, as they can manage the communication between you and the investigating officer.

Strategy: Prepared Statement vs ‘’No Comment’’

During the interview your solicitor will help you decide on the best tactical approach.

Prepared Statement

A prepared statement police interview involves your solicitor writing down your version of events and reading it out at the start of the interview. You then decline to answer further questions. This allows you to put your defence on record without the risk of being tripped up by complex police questioning.

‘’No Comment’’

Answer ‘’no comment’’ to every question is a valid legal strategy, but it comes with no comment interview consequences. Under UK law, a court can ‘’draw an adverse inference’’ from your silence. This means a jury might wonder why you didn’t mention a fact at the station that you are now using in your defence at trial.

What happens after the interview?

Once the interview concludes, there are four typical outcomes:

  1. No Further Action (NFA)

The police decide there is not sufficient evidence to proceed and close the case.

  1. Released Under Investigation (RUI)

You are released while the police continue to gather evidence such as forensic tests or witness statements. There are no time limits on RUI, which can be a stressful period of waiting.

  1. Pre-Charge Bail

You are released but must adhere to certain conditions (like not contacting witness) and you will have a date to return to the station.

  1. Charge

You are formally charged with an offence and given a date to appear in court.

If you are worried about the pressure of an investigation, you may also want to read about your rights if you refuse to talk regarding witness intimidation.

How DPP Law Can Help?

A voluntary interview is a critical point in a criminal investigation. What you say, or don’t say, can determine whether you face a criminal record or walk away with no further action after a police interview.