What happens after a voluntary police interview?

If you have been requested to attend a voluntary police interview under caution, you are taking the right steps seeking out more information about what to expect. It’s crucial you know how the process works, your rights, and responsibilities. You do not want to take any wrong steps that may put your freedom in jeopardy.

In this article, we will specifically discuss what happens after a voluntary police interview under caution. We have previously discussed what happens during a voluntary police interview if you are interested in learning more about this step.

The next steps after a voluntary police interview depends on the circumstances of the case. Here are some of the possibilities.

No further action

The police may decide that there is insufficient evidence to proceed with the investigation, or that they believe you did not commit a crime, so they will close your case and you’re free to go with no further action to be taken.

Further investigation

The police may not be satisfied that they have exhausted all lines of enquiry after your voluntary interview. You are free to go for now, but they will continue their investigation. You are still not under arrest at this point. The police may be in touch with you again if they find new evidence they wish to discuss.

Further voluntary interviews

If the police deem it necessary, you may be asked back for further voluntary interviews under caution. This is possible, for example, if they have new evidence that they wish to speak to you about. You do not have to attend, but if you do not, it may lead to your arrest.

Immediately arrested

The police may have used a voluntary interview in place of arresting you initially in a bid to increase your cooperation, or because they didn’t have quite enough evidence to arrest you yet. Depending on your conduct and answers in the interview, you may have given them the information they need to formally arrest you.

You will then be held in police custody for up to 24 hours (or longer in some situations) while they do further investigations.

Referral to Crown Prosecution Service (CPS)

Where they do not have the grounds to immediately arrest you, they may put forward a referral to CPS who will carry out an Evidential Test and Publish Interest Test. CPS will determine if there is a realistic chance you’ll be convicted based on the evidence, and if it is in the public interest to prosecute you.

Depending on CPS’s conclusion, you may be arrested, or the police may continue their investigation. If you are arrested, you’ll be held in custody for up to 24 hours (or longer in some cases).

Alternative penalties

The police may decide that an alternative penalty is more proportional to the crime and evidence available. They may give you a caution, a community resolution, or a penalty notice.

What happens if I’m arrested after my voluntary police interview?

If you are arrested after the voluntary police interview, you’ll be held in police custody for up to 24 hours. The police may extend this time up to 96 hours in the most serious cases. During this time, they will keep investigating.

Once this custody period is over, you may be:

• Released with no further action to take.
• Released on pre-charge bail with conditions to follow.
• Released under investigation with no conditions to follow.
• Held in custody until your court appearance.

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

Speak to a criminal defence solicitor immediately. Many people in this situation incorrectly believe that a voluntary interview is not as serious as an interview carried out when you are under arrest. It is.

It is absolutely crucial that you do not speak with the police without consulting with a solicitor first, and without a solicitor present. They will guide you so you do not give self-incriminating statements that can be used against you.

At Holborn Adams, we are pioneers of pre-charge engagement, so at this stage, we may look to initiate this. This means we would work with you to gather evidence to prove your innocence and present your case to police before any charges can be formally made. Early intervention is absolutely key to securing the best possible outcomes. Please contact our pre-charge solicitors today.

Holborn Adams