If the police have contacted you to request a voluntary interview, it can be an extremely stressful and worrying time, especially given that the outcome can have an enormous impact on your life. Unfortunately, many people make mistakes in voluntary interviews, which can influence the likelihood of being prosecuted.
I thought we would briefly summarise the top 10 most common mistakes people make during a voluntary interview with the Police.
1. Coming in for “a chat”
Sometimes the Police will approach a suspect in a relaxed casual manner and ask them to come into the police station “for a chat”. The suspect attends the police station and is equally relaxed only to find themselves placed in a formal interview under caution and be informed they are a suspect in a criminal investigation.
To be clear, an interview under caution is not “just a chat” – in fact it as formal and serious as an interview in custody. You have the right to independent legal advice and the interview can be used as evidence against you in court.
Equally, the investigator may say that they wish to “take a statement from you”. While an interview is technically “a statement” regarding your version of events, the term is misleading because it is more widely used in relation to complainants or witnesses, rather than a suspect. Again, it can give a false sense about the level of seriousness of the matter.
2. Not preparing for the interview
If you have not been interviewed by the Police before it can be a daunting and nerve wracking experience. You may struggle sleeping in the days before or understandably have anxiety. This can lead to you not feeling your best at interview and therefore not performing your best when it is most important. You may answer questions poorly, be confused about what is happening and feel completely overwhelmed.
We all prepare for job interviews – it would be foolish to not prepare for a police interview. You can receive professional advice about the interview process, the likely questions and the possible outcomes. A solicitor can even obtain advance disclosure, giving you a clear idea about the allegation that you face before you walk into the interview room.
3. Thinking a voluntary interview is not serious
It is not the case that interviews in custody are for serious offences and voluntary interviews are for only minor crimes. I have dealt with some of the most serious offences in our legislation on a voluntary interview basis – including murder, manslaughter, modern slavery and rape.
A voluntary interview is requested when the investigator has concluded that an arrest is not necessary – for example to secure evidence. The seriousness of the offence or the strength of the evidence is not a consideration. All voluntary interviews should be treated seriously, as they can result in criminal prosecution
4. Not having a solicitor
You have the right to legal advice in a voluntary interview. The police can not refuse to allow you to have a solicitor. Free representation is provided under the duty solicitor scheme or it can be arranged on private basis. A solicitor can obtain pre-interview disclosure of the allegation and the evidence, advise you, prevent you from making mistakes, protect your rights in interview and assist you in demonstrating your innocence.
5. Ignoring the request for a voluntary interview
Some suspects avoid or do not respond to an officer’s request for a voluntary interview. This is rarely an effective strategy. If the Police wish to interview you it is because a formal complaint has been made that an offence has been committed, The Police are duty bound to look into the matter and this often involves interviewing the suspect. If you do not respond, they will not simply go away.
The most likely outcome is that they will conclude that you are seeking to evade the Police and arrest you to secure your account. This will result in you spending unnecessary time in Police custody.
6. Getting the wrong interview strategy
Whether a suspect decides to answer questions or give no comment is a crucial decision that will have a major bearing on the investigation. Deciding the right interview strategy is therefore crucial. There are three approaches, which can be taken in a police station interview (full comment / no comment and prepared statement).
There are occasions when answering no comment to questions is the right decision. However, it is important to note that failing to give an account can result in an ‘adverse inference’ being drawn if the matter later went to trial. In simple terms, the Prosecution can ask the jury to not believe you, because last time you were asked these questions you said “no comment” and they will propose you have subsequently made up a defence. You cannot be convicted solely on an inference from your silence, however the jury would be allowed to consider it when assessing your credibility. A jury may ask themselves, “If he is innocent why didn’t he say so?”
Conversely, there can also be pitfalls when answering questions in an interview. It is possible for a suspect to deny the main allegation that is being put to them but, at the same time, to inadvertently admit a minor offence as part of their account. For example, a minor or technical assault as part of the circumstances. This can lead to serious consequences, such as the officer wanting to resolve the matter via a Caution, which could have been avoided.
7. Saying you “cannot remember”
One of the worst answers a suspect can give in an interview is “I can’t remember”. Some suspects think that this will assist them, as they are not admitting or denying an offence. This is not the case.
Simply saying, “I cannot remember” is not a defence (“did you murder X? …. I cannot remember”) and furthermore the answer limits the opportunity to put forward an account later because the Police or Prosecution will doubt your future answer, given that last time you were asked you said you cannot remember. This can be detrimental to your credibility before a court.
Of course, there may be specific occasions where it is a perfectly reasonable answer, or you simply cannot remember due to the passage of time or alcohol. However, great care must be taken in such circumstances, and we strongly recommend you obtain legal advice before providing an account if there are certain elements you cannot recall.
8. Waffling
Answering questions in a Police interview is trickier than it sounds. You will be nervous and it is an unfamiliar and stressful experience. The officer may not believe you and they may ask awkward or unfair questions. Many people “waffle” when nervous. That is to say that they use five words when one will do, or they explain the same situation from several different angles in order to try and convey what they mean. This can lead to a muddled account with several slightly different versions of events. In general, simple, concise and accurate answers are best.
9. Believing everything the Police tell you
The police do not have an obligation to reveal all of the details of the evidence that they hold. For example, it is not uncommon for an officer to disclose that they have CCTV footage which captures the incident but fail to clarify that the quality of the footage is relatively poor. Another example is where a complainant is unsupportive of an allegation, but this fact is not revealed by the officer prior to the interview. Officers are also trained to use ‘phased disclosure’ in some instances, where they withhold important details of evidence whilst they ‘test’ the suspect’s account. For these reasons, it is important to maintain a degree of caution when weighing up any information that has been provided.
10. Putting your head in the sand after interview
Many feel a huge sense of relief after their voluntary interview. This is entirely understandable. However, the investigation still moves forward, and the Police may take further statements after obtaining your account or may have new avenues of enquiry. The Police may also ask that you cooperate with the investigation under “pre charge engagement”. This is a process whereby you can submit evidence to support your defence.
The worst thing that a suspect can do is put their head in the sand. While in one sense the most stressful part is over post-interview, there can still be a considerable amount of work to do to demonstrate your innocence and you can work with your solicitor to prevent the matter proceeding to a prosecution.
To summarize, voluntary interviews are serious and could be the start of a life changing event. A suspect should treat them accordingly and ensure that they are ready for the interview, with the right strategy in hand. Post interview, discussions should take place with your legal team regarding next steps and what further work can be undertaken so that all necessary steps are taken to prevent a prosecution.
About the author
Scott Primmer is a Partner and Solicitor, specialising in criminal defence. He regularly attends police stations to represent clients and provides post-interview support.
Reeds Solicitors is an award winning and leading top-tier criminal defence firm. If you would like advice from one of our solicitors, please contact us at voluntaryinterview@reeds.co.uk or through our contact page here. Alternatively, you can phone 0333 240 7373.
