What is a voluntary police interview?

Have you been called for a voluntary police interview, or concerned you will be soon? It’s a smart move to keep yourself informed so you know what to expect and how to conduct yourself.

Many believe that voluntary police interviews are informal and not very serious, but this couldn’t be further from the truth. It’s critical that you seek legal representation and determine the best course of action to take before you ever speak with the police.

In this article, we’ll discuss what a voluntary police interview is and what happens during the interview.

What is a voluntary police interview under caution?

A voluntary police interview under caution is a formal interview where police want to question you about a crime, and you are most likely suspected of committing said crime. Often, police use voluntary police interviews instead of arresting you first, for reasons such as:

• They believe you will cooperate better on a voluntary basis.
• They don’t have sufficient evidence to arrest you yet.
• They don’t need to detain you in custody.
• They don’t need to provide you with a lawyer (though you do have the right to legal representation).

It is voluntary because you are allowed to decline to be interviewed and you can leave at any point. Doing this may prompt the police to actually arrest you.

It is “under caution” because the police must issue you with this caution before the interview starts:

“You do not have to say anything but it may harm your defence if you do not mention something when questioned that you later rely on in court. Anything you do say may be given in evidence.”

If they do not issue you with this caution, they are not allowed to submit any of the conversation as evidence in their investigation. So, it’s important to understand the gravity of the situation – whilst you are not under arrest, your responses may set the wheels in motion to put you in police custody.

What happens during a voluntary police interview process?

A voluntary police interview is a formal process which must follow rigid steps if the police wish to use any of your responses as evidence in their investigation. Here’s the usual process:

Disclosure

Before the interview starts, a responsible officer (a police officer overseeing the case) will make a “disclosure” to your solicitor, outlining the information and evidence they have relating to the case. They will usually not disclose absolutely everything at this point.

You will discuss the disclosure in private with your solicitor. They will ensure that you understand the law, your rights and responsibilities. You’ll discuss your version of events and settle on the best course of action for you going into the interview, whether that be answering the questions to the best of your ability or using your right to remain silent.

The interview

At the start of the interview, the interviewers must legally ensure you understand the process and your rights. They need to tell you:

• The names of the attending officers.
• The interview’s purpose.
• Why you’ve been asked to attend the interview.
• That you have the right to legal representation.
• That you can withdraw from the interview at any time.
• That anything you say can be submitted as evidence in a court of law.

During the interview, you’ll be asked questions such as:

• Your location at specific times.
• Your relationship with other people they believe are involved in the case.
• Your version of events.

The interview could be lengthy and you’re entitled to a 15 minute break every 2 hours.

What happens after the voluntary police interview ends?

There are many possible next steps after a voluntary police interview. You may be let go with no further action, the police may continue their investigation, or you may be arrested. The next step all depends on the evidence the police already have, and your responses in the interview.

What should I do if I have been called for a voluntary police interview?

You should seek legal representation straight away. A voluntary police interview is a very serious affair that carries major repercussions if you do not have a defence plan in place.

You should never speak to police without speaking with your solicitor first, and never without a solicitor present.

Here at Holborn Adams, we are major proponents of pre-charge engagement. This is when you work with your solicitor to create a case for police as to why you should not be charged. We may suggest this is the best course of action to take at this moment in time. Please contact our pre-charge solicitors so we can get the ball rolling with your case.

Holborn Adams