In this article
It is important to understand that attending a voluntary police interview does not automatically result in an arrest. In this blog, I’ll cover all the relevant legislation, your rights, and what to do when responding to an invite.
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What is a voluntary police interview?
A voluntary police interview is a formal conversation that takes place with the police. Typically, this will occur at a police station.
During this interview, the police will caution you. This indicates that the prosecution may use any answers you provide or your decision to remain silent if the case proceeds to trial.
It is important to note that attendance at such an interview is not mandatory. You also have the freedom to leave at any point once the interview commences.
If the police arrest you, then, obviously, it is no longer a voluntary interview.
When can the police arrest someone?
The powers of the police to arrest an individual rest within Section 24 of the Police and Criminal Evidence Act. In order to make an arrest, the police must possess knowledge or have reasonable grounds to suspect that an offence:
- has occurred;
- is occurring;
- or is imminent.
Furthermore, the police must believe that the arrest is necessary to:
- enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person’s name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);
- obtain the person’s address;
- protect a child or other vulnerable person from the person in question; or,
- prevent the person in question—
- causing physical injury to himself or any other person;
- suffering physical injury;
- causing loss of or damage to property;
- committing an offence against public decency; or
- causing an unlawful obstruction of the highway;
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What if the police can’t arrest me?
In situations where the police lack reasonable grounds, they may request a voluntary police interview to gather additional evidence that could potentially lead to your arrest. Therefore, it is possible that during or at the conclusion of the interview, the police may arrest you.
However, it is important to note that arrest does not automatically mean you are guilty, nor will the court find you guilty simply for it.
What happens during a voluntary police interview?
During a voluntary police interview, the police will begin by cautioning you with the following:
“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.”
The police must provide you with as much information as possible regarding the alleged offence against you. Subsequently, the police will question you to collect evidence, which may involve enquiries about your location during specific periods and your recollection of particular events.
It is important to note that the police will record this conversation they have with you. Furthermore, they can also use any statements you make as evidence against you later down the line.
What are my rights when attending a police station?
Code C of The Police and Criminal Evidence Act 1984 (PACE) outlines your rights during a voluntary police interview.
Fundamentally, you possess the right to obtain free legal representation. This encompasses a confidential consultation with your legal representative prior to the commencement of police questioning and their presence throughout the interview.
Alternatively, you have the option to request a criminal defence solicitor to act on your behalf.
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What happens after a voluntary police interview?
After the voluntary police interview finishes, the police enquire further into the alleged offence. This may mean that they ask you to attend a further police interview.
In addition, the police will review the interview and gather evidence of your case. This will allow them to conclude whether to charge you with any criminal offences.
If so, they will send you a letter to attend a local magistrates court on a specific date.
What happens if I don’t go to a voluntary police interview?
Since the term “voluntary” implies that you have choice, you are not obligated to attend the interview. However, declining to attend may result in the police arresting you to gather additional information for the investigation.
The decision of whether to attend the voluntary police interview depends on the specifics of your case. For instance, if you are confident that you have no involvement in the alleged offence, attending the interview may allow you to provide the police with sufficient information to establish your innocence.
On the other hand, if you feel uneasy about the interview, you have the right to request a break or postpone it until your solicitor is present.
How can we help?
If you’re worried about legal representation at a voluntary police interview, we can help. Our criminal law team can give you advice on your situation and attend the station with you if you deem necessary.
Contact our expert team now by calling 0203 007 5500 or sending an email to [email protected]
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