Frequently Asked Questions
Having as much information as possible about the allegation, places you in the best possible position. Usually, the police only tell a suspect the basic offence, which is being investigated, leaving many unanswered questions. It is beneficial to know whether the police have taken formal statements, the number of witnesses and whether they have CCTV or forensic evidence. Specific details of the allegation may also jog your memory and reduce the chances of being blindsided or ambushed with evidence in the interview.
There is no one size fits all approach to Police station advice – the right approach will depend on the specific circumstances of your case and what is in your best interests. During a private consultation, we will discuss the evidence obtained from 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 police interview.
There are three main interview strategies:
1. Providing a Full Comment in Voluntary Police Interview
In some cases, we may advise you to simply answer all of the questions put to you. It may be the most persuasive and engaging way to deny an allegation and demonstrate your innocence. This approach can bring with it various risks, such as giving inconsistent or unconvincing answers. At worst, individuals incriminate themselves by giving information to the police that otherwise would not be able to be proved. This must be assessed by your solicitor to consider whether it is the best option in your circumstances.
2. No Comment in a Voluntary Police Interview
It may be in your interests to make no comment at all in the interview. There are various situations where this may be the best approach. For example, where there is no plausible defence to put forward, or where there are inherent risks attached to giving a particular account. In other instances, the evidence to prove an allegation may be weak, which is an important factor to consider.
3. Providing a Prepared Statement in a Voluntary Police Interview
Sometimes the best approach may be to submit a written statement, which carefully outlines your account, without going into areas which do not help you. This can be extremely effective in avoiding the pressure of police questions, whilst ensuring your position is put forward. However, it is essential that an experienced lawyer helps you with drafting this statement to ensure you do not put in writing any information that does not assist your case and may cause you issues later in the investigation.
Given what is at stake, we strongly recommend being represented by an experienced solicitor in a voluntary interview. The police will be considering whether to prosecute the matter in court or issue a caution, both of which will appear on DBS checks and be disclosable on visa applications. A solicitor can prepare you for the interview and make sure that the important parts of any defence are clearly put forward. We can also ensure that you are treated fairly and not placed under any undue pressure.
It is sensible to be wary of an officer who invites you into the police station ‘just for a chat’. An interview under caution only takes place when you are suspected of committing a criminal offence and anything you say in the interview can be used as evidence against you. By playing down the seriousness of the situation, the officer discourages the suspect from seeking independent legal advice.
Whilst the term ‘voluntary interview’ suggests your attendance is optional, in reality, if you refuse to attend the interview, the officer may resort to arresting you in order to ensure that an interview takes place. The police have power under s.24 of PACE to arrest someone where there are reasonable grounds to suspect the commission of an offence and the arrest is necessary for a prompt and effective investigation.
In order for an arrest to be lawful it must be necessary. This will often be the case where evidence needs to be obtained from within a suspect’s property or where evidence needs to be seized from a suspect. If the alleged offence took place some time ago or there is no longer the need to seize evidence, a voluntary interview will likely be offered. Being offered a voluntary interview does not mean that the matter is less serious.
After the interview, the police officer will decide whether any further investigation is needed or whether a charging decision can be sought from the Evidential Review Officer or the Crown Prosecution Service. After the interview we can review whether there is any positive action we can take to advance your position and reduce the risk of a charge. We will consider compiling evidence to support your defence, which can be submitted to the police with written representations. A proactive approach can sometimes play a crucial role in averting a prosecution.
Our private crime team offers an unrivalled level of experience and skill in this area, with each member of our team having represented countless clients at police stations across London over many years.
We can normally provide a fixed fee quote to cover a pre-interview consultation as well as representation at the voluntary interview. Rest assured that we will do absolutely everything we can to secure a positive outcome for you.
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