Arrested or invited to a voluntary interview?
A police interview is an evidential stage of an investigation, not an informal conversation. What is said, what is not said, and the way an account is presented can affect the entire case. The police caution specifically warns that silence can sometimes have consequences if a fact is later relied on in court.
At a police station you have a right to free independent legal advice. A voluntary attendee is also entitled to free legal advice before interview and to have a solicitor present. Asking for a solicitor is not an admission and should not be treated as one.
The correct interview strategy depends on the allegation, the disclosure provided by police, your instructions and the evidential position. Full comment, a prepared statement, selective answers or no comment can each be appropriate in different circumstances.
What we do at the police station
Before interview, we seek disclosure from the investigating officer, take your instructions in private and advise on the evidence and interview strategy. During interview, we monitor the questioning, protect your legal rights and intervene where necessary. Afterwards, we advise on release, bail, further enquiries and the next strategic steps.
What police must disclose before interviewWhere the investigation is likely to continue, we consider whether there is useful defence material that should be preserved immediately—CCTV, messages, call logs, location data, documents or witnesses—and whether representations should be made before a charging decision.
Where we attend
We attend all Metropolitan Police and City of London Police stations and custody suites, and West Midlands Police and Staffordshire Police custody suites. Elsewhere in England and Wales we can attend by arrangement, with travel and fees agreed before we set off.
Police station solicitor in the West Midlands and StaffordshireLondon custody suites we attend:
Voluntary interviews
A voluntary interview is still an interview under caution. You are not under arrest and are generally free to leave, but the answers remain evidential. The fact that an appointment has been arranged in advance is an opportunity to obtain advice, understand the allegation and prepare properly rather than attending alone.
After the interview
The police may end the case, continue enquiries or refer it for a charging decision. Following arrest, release may be on pre-charge bail or under investigation. A voluntary attendee who has not been arrested cannot simply be placed on pre-charge bail. If the case continues, we can advise on release paperwork, evidence preservation, further interview requests and whether pre-charge representations are justified.