Being invited to attend a voluntary police interview often leads individuals to believe that the situation is less serious or that charges are unlikely. In reality, a voluntary interview is still a formal part of a criminal investigation and can result in a charge. Understanding the risks and implications of attending a voluntary interview is essential to protecting your position and making informed decisions. Expert legal advice should always be obtained before attending.
Our specialist team of private criminal defence solicitors provide expert representation for anyone asked to attend a voluntary police interview.
What a Voluntary Interview Means
A voluntary police interview usually takes place under caution and is arranged by appointment rather than following an arrest. The term voluntary refers only to the fact that you are not under arrest at the time of attendance. It does not mean that the matter is informal, that the police are not treating it seriously, or that criminal charges are not being considered.
During a voluntary interview, the police may already have collected evidence and are often seeking explanations, admissions, or clarification of facts. Anything you say can be used as evidence in later proceedings. The absence of arrest does not reduce the seriousness of the interview or its potential consequences.
Can Charges Follow
Yes, it is possible to be charged following a voluntary police interview. In some cases, individuals are charged immediately after the interview or shortly afterwards once the content of the interview has been reviewed. In other cases, the investigation may continue for some time before a charging decision is made by the police or the Crown Prosecution Service.
Attending voluntarily does not protect against prosecution. The decision to charge depends on whether there is sufficient evidence and whether a prosecution is considered to be in the public interest. Statements made during the interview can play a decisive role in that assessment, and even minor admissions or inconsistencies may be relied upon by investigators or prosecutors.
Risks of Attending Without Legal Advice
One of the most common risks in voluntary interviews is attending without legal representation. Individuals may assume that cooperation will lead to the matter being resolved quickly, but poorly phrased answers, misunderstandings, speculation or unguarded admissions can significantly strengthen the prosecution case and may lead to unintended consequences.
Legal advice ensures that the evidence is reviewed in advance, the risks are understood and a clear strategy is agreed. Depending on the circumstances, this may involve answering questions selectively, providing a prepared statement or exercising the right to remain silent. A well-prepared approach can reduce the likelihood of charge, limit exposure and help focus the investigation.
Legal and Regulatory Framework
Voluntary interviews under caution are governed by the Police and Criminal Evidence Act 1984 and its associated Codes of Practice. Individuals have the same rights in a voluntary interview as they would following arrest, including the right to free and independent legal advice. The caution itself underlines the seriousness of the process and the potential use of the interview in any subsequent proceedings.
The presumption of innocence applies throughout the process. The voluntary nature of attendance does not prevent the police or prosecutors from bringing charges if the legal tests for prosecution are met.
How can we help
We provide expert representation for individuals invited to attend voluntary police interviews. Our solicitors advise on whether and when to attend, prepare clients thoroughly and attend interviews to safeguard their interests. We assess the strength of the evidence, develop a clear strategy and, where appropriate, make representations to reduce the risk of charge or limit the scope of the investigation.
Initial Discussion
If you have been asked to attend a voluntary police interview and are concerned about whether you could be charged, it is essential that you obtain expert legal advice immediately. Contact James O’Hara today by calling +44 204 600 9900 or email us at info@culbertellis.com.
We can assist wherever you are based across England and Wales.
Accurate at the time of writing. This information is provided for general information purposes only and should not be relied upon as legal advice.
