In recent years, we have seen more people being invited to voluntary police interviews rather than interviews under arrest.
It’s not just for minor crimes either. Our Criminal Defence team has been involved with instances where young people and adults have been questioned via voluntary police interviews for serious allegations of assault, sexual offences, serious fraud, money laundering, and more.
So, in this guide, we want to explain everything you need to know about voluntary police interviews, including:
- What are they?
- Why are they used?
- How long do they take?
- Do you have to attend?
- Do you need a solicitor?
- What happens during the interview?
- What happens afterwards?
Before we dive in, if you’ve been invited to a voluntary interview and would like independent legal advice and representation, then get in touch with our team – you can fill in the form at the end of this guide or call us on 0161 969 3131.
What is a voluntary police interview?
A voluntary police interview is a formal interview with the police. It’s sometimes referred to as an interview under caution. Although it may sound optional, it generally is not.
You will receive a call from the police inviting you to a voluntary police interview. This could be at the police station, at home, or at work. If any special requirements need to be made to accommodate the interview, they will be adhered to.
At this point, you should be told that you can get free legal advice before the interview. Alternatively, you can bring a solicitor of choice to the interview as your legal representation, having discussed the allegations before.
Remember that you should not be asked or obliged to answer questions outside the formal interview setting.
Is a voluntary police interview serious?
Yes, a voluntary police interview is serious and should be treated with caution. Though it’s not conducted under arrest, the information provided can significantly impact an ongoing investigation. It’s an opportunity for the police to gather evidence and statements, which can be used in future criminal proceedings.
The police routinely use voluntary interviews for allegations of assault, domestic violence, harassment, and other serious offences, so even if you haven’t been arrested, you should take extreme care about what you say.
Why do the police use voluntary interviews?
Simply, the police use voluntary interviews to help gather information about a potential criminal offence. There are particular advantages to interviewing voluntarily rather than under arrest, though. For example, if there is not enough evidence to warrant an arrest, if the police want to interview someone in a more relaxed setting, or if the police wish to streamline the investigative process and avoid formal arrest procedures.
Does it mean there isn’t enough evidence?
If you’ve been invited to a voluntary police interview, it doesn’t mean there’s not enough evidence for a formal interview under arrest. The police may already have some evidence but need additional information or clarification.
A voluntary interview is a means for the police to gather more details, verify facts, or understand the context better. The interview can also be a step towards deciding whether there is sufficient evidence to warrant an arrest or charge.
If you find yourself in this situation, it’s really important not to assume that an invitation to a voluntary interview means the case is weak or unsubstantial. You should treat it as seriously as you would any legal matter.
How long does a voluntary police interview take?
A voluntary police interview has no set time limit, so it can take as long as the police need to ask their questions. In our experience, most voluntary interviews take between 1-2 hours, but it depends on the complexity of the matter being discussed.
You have the right to take breaks throughout, and of course, you also have the right to end the interview at any point (although you may be called back another day). Your legal representative will ensure the process is fair and doesn’t take an excessive amount of time.
Do I have to attend a voluntary police interview?
No, you do not have to attend a voluntary interview. As the name suggests, it is voluntary, so you can decline the invitation. However, this is not advisable as there are potential ramifications.
The main, and most obvious, is that the police may simply opt to interview you under arrest instead.
Do I need a solicitor for a voluntary police interview?
Yes, we highly recommend having a solicitor by your side during any engagement with the police, especially when you attend a voluntary interview.
Understanding the reasons you are being questioned and the motivations of the police can help to better identify an approach to the interview. Having a solicitor who regularly deals with the police will ensure that there are no unexpected questions or things you haven’t planned for. A solicitor can also ensure that you have been given disclosure about why they wish to speak with you.
In some instances, the interviewers may try to trick an interviewee into admitting something. Prepare a robust defence with an expert criminal lawyer, and you will be in good stead to navigate the interview with them by your side.
Find out more with our post: Do I need a solicitor at a police interview?
What happens during a voluntary police interview?
During a voluntary police interview, the following typically occurs:
- Introduction: The interviewing police officer(s) will introduce themselves and explain your rights. The police officers should state the voluntary interview’s purpose, aim and objectives. You will be made aware that it can be terminated at any time.
- Caution: You will be cautioned that you do not have to say anything, but anything you do say may be used as evidence.
- Interview Process: The interview is conducted in a question-and-answer format. The police will ask questions about an incident or matter under investigation. You have the opportunity to give your account or clarify details.
- Legal Representation: If you have a solicitor, they can advise you during the interview and may interject if necessary to protect your rights.
- Recording: The interview is usually audio or video recorded to ensure an accurate record of the proceedings.
- Breaks and Welfare: You are entitled to breaks, especially in longer interviews, and your welfare should be considered throughout.
- Conclusion: At the end of the interview, the police might summarise key points or ask for clarification. You’ll be informed about the next steps in the investigation.
Be aware also that failure to comply, or to turn up, can lead to arrest. You may also be arrested when you arrive at the police station despite the invitation being ‘voluntary’ (it’s worth reading our guide on what to do if you are arrested, just in case).
What happens after a voluntary police interview?
After a voluntary police interview, you may be released under investigation (RUI) or released with bail conditions. In some cases, you may even be arrested and placed in police custody.
If you are released, sometimes the police can be slow in getting back to you with a decision, or the case may be ongoing. Your solicitor will keep track of the progress with the police and, where necessary, put pressure on them to make a decision. They will keep you informed throughout.
Instruct a solicitor you can trust
At Slater Heelis, we don’t judge. We believe everyone is entitled to a defence and will work with you towards the best possible outcome. Our criminal defence lawyers come very highly recommended. We are ranked within the Top 10 Criminal Law teams in the UK on Review Solicitors.
Call us on 0161 969 3131 or fill in the form below to request a callback.