Voluntary Interview Under Caution

Voluntary Interview Under Caution

Any involvement, interview or communication with the police is a serious matter. Whilst the word ‘voluntary’ implies a level of informality, a voluntary interview under caution should be considered as serious as “being taken in for questioning”. No matter how friendly the officer seems, or how casual the questions appear to be, you are still under caution and what you say may be used as evidence in court. 

Reeds Solicitors is an award winning and leading top-tier criminal defence firm. For legal advice and representation, please contact us through our contact page here. Alternatively you can phone 0333 240 7373, or email us at info@reeds.co.uk.

 

Rights and Entitlements in Voluntary Police Interviews

During the interview process you must be told about the rights, entitlements and safeguards that will apply to the interview before you give consent to continue. This includes your right for independent legal advice, a right that we recommend you exercise as soon as possible.

A person may decide that exercising their right to a solicitor isn’t necessary for the interview as they believe they have nothing to hide, or that this may be a sign of guilt. However, what you say and how you act in a voluntary police interview can have serious ramifications which can be used in criminal proceedings against you.

What is the Procedure for a Voluntary Police Interview Under Caution?

The interviewing officer must follow a standard procedure. At the start of the interview the officer should tell you:

  1. You are not under arrest and free to leave at any time.
  2. However, if you were to leave, you may be liable to arrest.
  3. The purpose of the interview and the offence being investigated.
  4. The names of the officers in attendance.
  5. That the interview is being recorded.
  6. Your entitlements, rights and any safeguarding in effect.
  7. The caution.
  8. That you have the right to legal representation during any stage of the interview.
  9. How you can gain a copy of the recording.
  10. Next steps after interview.

Key Points to Remember in Relation to Voluntary Police Interviews

  • You are not under arrest during a voluntary police interview, although, if you try to leave you may be placed under arrest.
  • You do not have to consent to the interview. However, if you do not consent then it is possible that you will be arrested.
  • The police officer who interviews you must tell you about your entitlements, rights and the safeguards in place before you consent to the interview.
  • You have a right to legal representation. After exercising your right, the officer who interviews you is not permitted to continue questioning until your legal representative is present.

The Benefits of Having a Legal Representative in a Voluntary Interview Under Caution

A legal representative can obtain disclosure from the officer in the case prior to interview. If you do not request a legal representative, the first time you know about the details of the allegation being made against you are when you are sat in an interview room having questions fired at you.

Our legal representative will relay this disclosure to you and advise whether to answer no comment, put forward a written pre-prepared statement or give a full verbal account.

How Reeds Solicitors Can Protect You in a Voluntary Interview Under Caution

We have expert experience in all areas of criminal law and can protect you and your best interests in an interview setting. We understand that if you are a stranger to interviews under police caution this will be a daunting experience for you. We will assist you through the interview process and make sure you understand each stage and feel comfortable. We are familiar and experienced in dealing with all police forces across England & Wales. You can find reviews on our website from clients to help you with your search in representation and hope we can be of assistance.

Use a Voluntary Interview to Your Advantage

The benefit of a voluntary interview as opposed to an interview under arrest is that there will be some advanced warning. This enables us to be proactive and prepare thoroughly for the interview. We can request the disclosure from the officer in the case in advance, hold a conference with you prior to the day of interview and take your detailed instructions in relation to the background of the allegation together with your personal circumstances. We can advise you during this conference of the best way to proceed in interview and if required go on to represent you during the formal interview process. This can be covered by Legal Aid if available, or through private payment.

Out of Court Disposals – Police Caution Instead of Charge

In certain circumstances it will be more appropriate for the police to offer you a caution as opposed to you being charged and receiving a court date. We can make representations on your behalf to the Police and Crown Prosecution Service when appropriate to do so.

Representations to the Crown Prosecution Service

If you have received a charge and been given a court date, in certain scenarios, we can have a further conference with you to take additional instructions and draft representations to the Crown Prosecution Service requesting that your case be reviewed and the charge against you discontinued.

The Caution

You will be formally cautioned. The caution states:

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

If you are not cautioned our experienced legal representative will be able to argue that anything you have said during the interview can be considered inadmissible as evidence in court.

 

Meet the team

Get in touch

This field is for validation purposes and should be left unchanged.

FAQ

Absolutely not. The fact the police are willing to interview you on a voluntary basis has no bearing on how serious the allegation they wish to question you about is.

Firstly, do not discuss the allegation with the police officer. There is no such thing as an “off the record” conversation or “quick chat” with a police officer. Anything you do say to them can be used against you. Secondly, tell the officer immediately that you wish for Reeds Solicitors to be contacted and to represent you. This way, you are protected by us and we will correspond directly with the officer on your behalf. You will not be in a vulnerable position where you are dealing with the officer directly.

Yes, everyone is entitled to free advice during interview. However, this simply means that a legal representative will attend on the date and time set to represent you. You can however, meet with a representative prior to the interview as explained below.

Yes. You can instruct us on a private fixed fee basis to represent you. Preparation is key to obtaining a successful result at the police station stage. When you are requested to attend a voluntary interview, this gives you the benefit of being proactive in building your defence or making representations for an out of court disposal. We will contact the officer in the case and advise them that we are acting on your behalf. From this stage, you will be protected by us as the police will have no reason to contact you directly. We will request disclosure from the officer and set up a conference prior to the date of interview. This disclosure will be relayed to you and detailed instructions will be taken from you in relation to the background of the allegation and your personal circumstances. We will then discuss the format the interview will take and what our advice is in relation to your particular case. The fee also includes one of our legal representatives attending the police station on the date set to represent you.

Due to the “voluntary” aspect of the interview, you can refuse to partake. However, there is a risk in a refusal being a prompt for police to arrest you where you will then have an interview under caution in custody under standard arrest proceedings.

It is strongly recommended that you exercise your rights to have a specialist criminal legal representative with you during a police interview. Their job is to ensure you are protected and understand any consequences of answering the questions posed to you.

Yes. If a decision is made to arrest you during the voluntary police interview the police interviewer will inform the custody officer. The custody officer will then inform you that you are under arrest and follow the standard procedures to place you in custody.

When under arrest, you will no longer be able to leave the police station. The police can detain you for up to 24 hours before formally charging you with a crime. If a charge isn’t placed against you, then you will be released

  1. With no further action – (NFA)
  2. Charged to go to court on a certain date – (charged to court)
  3. Released under investigation – (RUI)
  4. Unconditional or Conditional bail – (UCB or CB)

It is important to be aware an investigation against you can continue upon release.

Voluntary interviews are used in criminal investigations. Police may invite you to a voluntary interview if they have received an allegation that they wish to investigate or if they suspect or believe you may be involved in a crime.

Yes. Many people believe they are merely providing a statement to the police if they have been asked to attend a voluntary interview. This is not the case. You are a suspect of a crime and will be interviewed under caution. Anything you say can be used in evidence.

There is some evidence to suggest that voluntary police interviews are becoming a more popular choice by the police to further investigations. A voluntary interview may be the recommended action when the police have received a complaint, though they hold insufficient evidence to make an arrest. Voluntary interviews are likely to avoid many of the legal issues which arise from arrests and formal custody, whilst also being cost effective. It is also possible that the police believe you will cooperate better, or provide more evidence, if you are not under formal arrest. Why this shift is happening is uncertain, though it’s possibly due to a change of police policy and the need to better utilise law enforcement time and cost. For the person who receives a request for a voluntary interview, or any communication or involvement with law enforcement, it shouldn’t be dismissed as any less serious.

The police will decide whether there is enough evidence against you to pursue a case. If there isn’t, then they may continue to proceed with their enquiries and investigation or indicate there is no further action.

If you are informed that a report for a charge is being made against you, you may be requested to supply a photograph, fingerprints and DNA samples. You may also be asked to consent to surrender items of interest or take part in an identification process.

An appropriate adult must be present during the interview of a person under the age of 18. An appropriate adult is usually seen as the parent, guardian or social worker of the young person. The adult must be present during any identification processes, or intimate searches.

If the police invite a vulnerable adult for a voluntary police interview, an appropriate adult must be present during the interview. The appropriate adult can be a relative or carer or anyone who is experienced in working with vulnerable people. Again, the adult must be present during interview, identification processes, intimate searches and samples being taken.