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

Have you been invited to attend a voluntary police interview? Are you considering not attending?

In this article, we’ll explain why not attending a voluntary police interview is a bad idea, and what can happen if you decide not to go.

Do I have to go to a voluntary police interview?

A voluntary police interview is voluntary because you are not legally required to attend. If the police don’t have any reason to arrest you, then you never need to attend.

It is also voluntary in terms of date and time. You can work with the police to arrange a meeting time that suits your schedule if possible.

If the police do have reasonable belief that you have committed an offence and need to interview you to proceed with their investigation, then they can force you to attend an interview – but this time, it’ll be under arrest rather than on a voluntary basis. More on this in the next section.

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

There are a few things that can happen if you fail to attend a voluntary police interview, including:

Nothing

If you have genuinely been invited as a witness rather than a potential suspect, you may hear no more on the matter if you do not attend the voluntary police interview. Your cooperation would be helpful for the police interview, but is not essential.

You’ll be arrested and interviewed in custody

Under Section 24 of the Police and Criminal Evidence Act (1984), the police are allowed to arrest you if:

• They have reasonable suspicion that you are guilty of an offence.
• They have reasonable grounds to believe that it is necessary to arrest you.

Many people believe that you are invited to a voluntary police interview because the police don’t have enough evidence against you. On the contrary, they may have what they need, but they want to bolster their case by inviting you on a voluntary basis, in the hope that you will cooperate more openly.

If you don’t cooperate by attending, they will simply arrest you and you will have to participate in an interview while you are in custody.

It’ll reflect badly on you if the case goes to court

If you are charged and the case goes to trial, you will want your character to be portrayed as positively as possible in front of the judge and/or jury.

If you refuse to attend the voluntary interview and the case does proceed, it can be a black mark against you, showing your unwillingness to cooperate with the police, causing others to become suspicious of your innocence.

What to do if you’ve been invited for a voluntary police interview

If you have been invited to attend a voluntary police interview, please take it seriously. You have no idea what you may be walking into. It is critical to seek legal advice prior to your interview, and they should be present with you during the interview.

At Holborn Adams, we believe that preventative measures are essential rather than waiting to clear you once you have been formally charged. By seeking legal counsel before you are ever arrested, you are setting yourself up for success. We specialise in pre-charge engagement where you make a case to investigators as to why you should not be charged.

Speak to our pre-charge solicitors today for help with your voluntary police interview and beyond.

Holborn Adams