Being contacted by the police and asked to attend a police station can be unsettling. Many people assume that such a request must be complied with immediately, even where no arrest has been made and no clear explanation has been given. In reality, whether you are legally required to attend depends on the circumstances and the nature of the request. Understanding your rights at this stage is critical, as the way you respond can significantly influence the direction and outcome of an investigation. Seeking expert legal advice before agreeing to attend can help protect your position and ensure that any engagement with the police is handled appropriately.
Our specialist team of private criminal defence solicitors provide expert representation for anyone asked to attend a police station as part of a criminal investigation.
Is Attendance Mandatory
In many cases, the police ask individuals to attend the station voluntarily, often for the purpose of an interview under caution. A voluntary request means that you are not under arrest and are not legally obliged to attend at that time. You are entitled to seek legal advice, request further information about the allegation or arrange attendance at a later date with a solicitor present.
However, refusing to attend without proper legal advice can carry risks. If the police consider your attendance necessary and you decline or delay without justification, they may decide to arrest you in order to secure an interview. Arrest gives the police wider powers, including detention in custody and the ability to impose bail conditions, which can be significantly more disruptive and stressful. Decisions about whether and when to attend should therefore be made carefully and with appropriate legal guidance.
What the Request May Indicate
A request to attend the police station does not mean that you will be charged. It usually indicates that the police wish to ask questions, obtain your account or clarify certain matters as part of an ongoing investigation. In some cases, the request is made at a very early stage while evidence is still being gathered. In others, it may follow a complaint or allegation that requires a formal interview under caution.
Attending without legal representation can place you at a significant disadvantage. Anything you say may be recorded and used as evidence, and misunderstandings, assumptions or poorly phrased answers can be relied upon later in the investigation or in court. Obtaining early legal advice allows the circumstances to be properly assessed and an appropriate strategy to be put in place before any interview takes place.
Legal and Regulatory Framework
Police requests to attend a station and interviews under caution are governed by the Police and Criminal Evidence Act 1984 and its associated Codes of Practice. These rules are designed to regulate police powers and protect the rights of individuals under investigation, including the right to free and independent legal advice.
Unless you are under arrest or subject to a court order, you are not legally compelled to attend simply because the police ask. However, the potential consequences of refusing or delaying attendance should always be considered carefully in light of the specific circumstances and with the benefit of legal advice.
How can we help
We provide expert representation for individuals contacted by the police and asked to attend a station. Our solicitors advise on whether attendance is required, whether it should be voluntary or postponed, and how best to approach any interview. We ensure that rights are protected and that investigators act lawfully and fairly.
Where appropriate, we communicate directly with the police on your behalf, arrange attendance with legal representation and take steps to reduce the risk of arrest or charge.
Initial Discussion
If the police have asked you to come to the station and you are unsure whether you have to attend, 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.
