Being contacted by the police and asked to come in for questioning can be worrying and uncertain. Many individuals are unsure why they have been contacted, whether they are suspected of an offence or what will happen if they attend. Although being asked to attend does not necessarily mean that charges will follow, it is a formal step in a criminal investigation and should be taken seriously. Early legal advice is essential to protect your position and ensure that you understand your rights.
Our specialist team of private criminal defence solicitors provide expert representation for anyone asked to attend a police station for questioning.
Why Have the Police Contacted Me?
A voluntary interview allows the police to question an individual under caution without making an arrest. In some cases, investigators may use this approach because they do not consider arrest necessary at that stage. This can happen where the individual is cooperative, the allegation is still being assessed or there is no immediate risk requiring detention. It may also be used where investigators wish to progress enquiries quickly without the necessity of taking someone into custody.
Often, the request will be for a voluntary interview under caution. This means that you are not under arrest, but the interview remains a formal investigative process. Anything you say may be recorded and used as evidence in later proceedings. The fact that attendance is voluntary does not reduce the seriousness of the situation. Even where no arrest has taken place, the interview can still influence whether further action is taken and whether a charge is ultimately brought.
Should You Attend?
Before agreeing to attend, it is important to obtain legal advice. A solicitor can establish the nature of the allegation, request disclosure where available and advise on the most appropriate course of action. In some cases, attendance may be the best option. In others, arrangements may need to be made before the interview proceeds.
Ignoring a request to attend without legal guidance can increase the risk of arrest. If investigators believe questioning is necessary and voluntary attendance is not secured, they may decide to exercise their powers of arrest. Any decision about attendance should therefore be made strategically rather than emotionally.
Early legal advice also allows the circumstances of the investigation to be assessed properly before questioning takes place. Understanding the purpose of the interview and the available evidence can be important in determining the most appropriate approach.
Your Rights During Questioning
If you are questioned under caution, you have the right to free and independent legal advice. You also have the right to remain silent, although the consequences of doing so should be considered carefully with a solicitor.
The approach taken during questioning can have a significant impact on the outcome of the investigation. A solicitor can advise on the most appropriate strategy based on the nature of the allegation and any information disclosed by investigators. This may involve answering questions, providing a prepared statement or exercising the right to silence where appropriate.
Early preparation is often crucial in avoiding misunderstandings, inconsistencies or unnecessary admissions. Decisions made during interview can affect how the investigation progresses and may influence whether further action is taken by the police.
Legal and Regulatory Framework
Police questioning and interviews are governed by the Police and Criminal Evidence Act 1984 and its associated Codes of Practice. These provisions regulate how interviews are conducted and provide safeguards for individuals under investigation. They also establish rules relating to detention, legal representation, the recording of interviews and the admissibility of evidence obtained during the investigation.
Whether questioning takes place voluntarily or following arrest, individuals are entitled to legal representation and fair treatment throughout the process. The police must conduct interviews fairly and in accordance with established procedures, ensuring that suspects are informed of their rights and able to obtain independent legal advice before and during questioning.
How Can We Help
We provide expert representation for individuals who have been asked to attend a police station for questioning. Our solicitors advise on your rights, communicate with investigators where necessary and attend interviews to ensure that your interests are fully protected.
We assess the circumstances of the investigation, advise on interview strategy and ensure that any engagement with the police is managed carefully and effectively. Our aim is to protect your position from the earliest stage of the investigation and minimise the risk of avoidable mistakes during questioning.
Initial Telephone Discussion
If the police have asked you to come in for questioning, it is essential that you obtain expert legal advice immediately to protect your position. Contact James O’Hara today by calling +44 204 600 9900 or email us at info@culbertellis.com.
Accurate at the time of writing. This information is provided for general information purposes only and should not be relied upon as legal advice.
