Voluntary Interview Under Caution Solicitors

The word ‘voluntary’ implies a level of informality, but a voluntary interview under caution can be every bit as serious as an interview following arrest. The police may invite you to attend voluntarily because they do not need to search premises, seize evidence or consider bail conditions. It does not mean that the allegation is minor or that the evidence against you is weak. Serious allegations, including historic sexual offences, are regularly investigated by voluntary interview.

No matter how friendly the officer seems, or how casual the questions appear to be, you are still being interviewed as a suspect under caution and what you say may be used as evidence in court.

Reeds Solicitors is nationally recognised for its criminal defence work, with our Crime team ranked Band 1 by Chambers UK and Tier 1 by The Legal 500. You are entitled to free and independent legal advice and representation at the interview, regardless of your income.

If you want a particular member of our Private Crime team to prepare for and attend the interview, you can instruct us privately. A private instruction also allows us to undertake more extensive work before the interview, including liaising with the officer, obtaining disclosure in advance, meeting with you and reviewing evidence relevant to your account.

Call 0333 240 7373 or email [email protected] or send a confidential enquiry.

What to Do if the Police Contact You

The police may contact you by telephone or via a letter in the post to request a voluntary interview. Sometimes the officer will suggest that they simply want to hear your side of the story or that the interview should not take very long.

Do not discuss the allegation informally or attempt to explain what happened before obtaining legal advice. A comment made during a telephone conversation or when arranging the interview can be recorded by the officer and put to you during the formal interview.

Obtain the officer’s name, contact details and crime reference number, but do not agree an interview date until you have checked that your chosen criminal defence solicitor can attend. We can then contact the officer directly, establish the nature of the allegation and arrange the interview at a convenient time.

Some people decide that a solicitor is unnecessary because they have nothing to hide or worry that asking for legal advice may be seen as a sign of guilt. It is not. Legal advice at a voluntary police interview is free and exercising that right should not be held against you.

Preparing Before the Interview

The benefit of a voluntary interview, as opposed to an interview following arrest, is that there will usually be some advance warning. This enables us to be proactive and prepare thoroughly for the interview.

We can liaise with the officer, make sure the interview is conducted at a convenient time and obtain as much disclosure as possible. We will ask whether the police have taken statements from the complainant or other witnesses and what further evidence exists, such as CCTV, messages, digital evidence or forensic material. However, the officer is not required to disclose details which might prejudice the criminal investigation.

We can also arrange a conference in advance of the interview, take your detailed instructions and review any messages, documents or other evidence supporting your account. Our clients are in a far better position if they know the details of the case against them before committing themselves to an account.

This can make a significant difference to the prospects of your being charged with a crime.

The Three Interview Strategies

During a private consultation, we will discuss the evidence disclosed by the police and take your account of what may or may not have happened. We will then be able to determine the best approach to take during the interview.

There are three main interview strategies.

Answering Questions in a Voluntary Police Interview

In some cases, we may advise you to answer all the questions put to you. It may be the most persuasive way to deny an allegation or provide an innocent explanation.

This approach can bring risks. A suspect may give inconsistent or unconvincing answers, speculate about something they cannot remember or agree with an inaccurate premise within a question. At worst, individuals incriminate themselves by giving the police information that they would otherwise have been unable to prove.

Giving a No-Comment Interview

It may be in your interests to make no comment during the interview. This may be the best approach where the disclosure is inadequate, the police evidence is weak or there are particular risks attached to giving an account at that stage.

However, a no-comment interview is not automatically the safest option. If you later rely on a fact that you could reasonably have mentioned when questioned, the prosecution may invite the court to draw an adverse inference. We will explain that risk before advising you.

Providing a Prepared Statement

We may draft a written statement on your behalf which carefully outlines your account. The statement can place the central parts of your position on record clearly and accurately without exposing you to pressure to speculate or agree with an inaccurate premise.

A prepared statement can be particularly effective where disclosure is limited or where it is important to put forward a clear account while avoiding questions that go beyond the information disclosed by the police. Depending on the circumstances, we may advise you to read or hand in the statement and then answer no comment, or to answer some further questions.

There is no interview strategy that is correct in every case. Our advice will depend on the disclosure, the evidence and your instructions.

Refusing or Leaving a Voluntary Interview

You are not under arrest during a voluntary interview and are generally free to leave. You do not have to consent to being interviewed voluntarily.

However, refusing to attend or attempting to leave does not necessarily bring the investigation to an end. The police may consider arrest if they have lawful grounds and believe that it is necessary for a prompt and effective investigation or for another reason permitted by law.

You should therefore obtain legal advice rather than ignoring the invitation or simply refusing to attend. We can contact the officer, establish the police position and advise you on the best way to proceed.

Proactive Work After the Interview

You will usually be free to leave after the interview. This does not necessarily mean that the investigation has concluded.

The police may continue gathering evidence by speaking to witnesses or carrying out further enquiries. Investigations can continue for months, particularly where the police are examining digital devices, financial records, medical evidence or communications between several people.

After the interview, we can consider whether further work may improve your position. Depending on the circumstances and the evidence, the aim may be to persuade the police to take no further action or to deal with the matter by an out-of-court disposal, such as a caution, rather than prosecution. This may include obtaining messages, documents or witness statements supporting your account, or obtaining expert medical evidence in support of mitigation. That material can then be submitted to the police with written pre-charge representations.

A proactive approach can sometimes play a crucial role in averting a prosecution.

How Reeds Solicitors Can Help

When instructed, we can provide a range of services, including:

• Communicating directly with the investigating officer on your behalf and setting up the interview
• Obtaining pre-interview disclosure
• Meeting with you in advance to fully prepare
• Reviewing whether there is a benefit to taking proactive steps in your defence after the interview

If the police have asked you to attend a voluntary interview, do not provide an informal account or attend alone. Call 0333 240 7373 or email [email protected] or send a confidential enquiry.