‘Voluntary’ Interviews With The Police – What To Expect
Do I have to go?
If you or a family member have been contacted by the police and asked to attend a ‘voluntary’ interview (sometimes called a ‘caution + 3’ interview), what should you do?
A voluntary interview is just that – an agreement from you to voluntarily attend a police station (or sometimes another venue) to be interviewed by the police about an alleged offence.
You do not have to attend, but often refusing to attend can give the Police a ground to arrest you (in some circumstances, the Police are entitled to arrest someone in order to conduct an interview).
Our expert solicitors can liaise with the police on your behalf and organise this interview. We can also speak to the police to check that there is good cause to interview you. We can provide advice to you on whether or not to attend the interview and what to do to be prepared for the interview
What should I expect when I am there?
When you attend the police station for a voluntary interview, you are not under arrest and you are therefore free to leave at any stage.
Your solicitor will obtain ‘disclosure’ from the police. This is information from the police about the allegation against you, including whether there is any evidence and, if so, what kind of evidence this is. Your solicitor may be able to watch any CCTV or review any pictures the police hold.
Once your solicitor has obtained this disclosure, you will have a ‘consultation’ with your solicitor. This lasts as long as you need it to and gives you the opportunity to go through the disclosure, provide your account to your solicitor and be given comprehensive legal advice.
You will then be interviewed by the police, who will ask a series of questions. If you are represented by a solicitor they will be by your side through the interview. The solicitor cannot answer the questions for you, but they will ensure the interview is fair and that you are given the best opportunity to present a strong defence.
The interview is ‘under caution’. This means it can be used as evidence against you. It also means it could be your opportunity to prevent the case going further. A voluntary interview is just as important as one where you are under arrest!
After the interview
After the interview, you are free to leave and are not on bail. Your solicitor will be in contact with the police officer to obtain updates.
Sometimes after the interview it may be necessary to obtain further evidence or request the police pursue further lines of enquiry. This can include collecting alibi evidence, ensure CCTV is reviewed or providing defence witness statements. Our solicitors can advise on a tailored approach to each case.
Do I need a criminal defence lawyer?
It is a misconception that only people with something to hide need a lawyer during their police interview. It is always a decision for you, but if you are being interviewed by the police you are entitled to free and independent legal advice, no matter the offence or your circumstances. The funding available is quite limited and you may prefer to pay privately for the service depending on your circumstances and the facts of your case. We can discuss those with you if necessary.
Bringing a lawyer to the police station means you have someone on your side during the interview process.
If you have been arrested or have been invited to attend the Police Station, our criminal defence team can help. To discuss this further please contact us on 0330 822 3451 or submit a new enquiry form via our website.