A voluntary interview is not an informal chat
Police may invite a suspect to attend voluntarily instead of arresting them. That does not make the interview less important. It is conducted under caution and can form part of the evidential case considered by police and prosecutors.
You are entitled to legal advice and representation. In criminal investigations, legal advice at the police station is generally available without charge under the criminal legal aid scheme, including voluntary interviews under caution.
Do not prepare by guessing what the police know.
The interview strategy should be built around the disclosure actually provided, the allegation, available documents, digital material, witnesses and any defence evidence that could later matter.
What we do before the interview
Clarify the allegation
We identify the suspected offence, date range, complainant or transaction, and what the police say the case is about.
Seek disclosure
We speak to the investigating officer and obtain the disclosure available before interview so advice is based on the police case rather than assumption.
Prepare the defence
Where appropriate, we review messages, documents, timelines, CCTV, financial material or other evidence that may affect the interview strategy.
Choose the interview approach
Depending on the evidence and instructions, the options may include answering questions, providing a prepared statement, no comment, or a combination. The right approach is case-specific.
Should I attend voluntarily?
Ignoring an interview request can increase the risk of arrest if the police consider arrest necessary. Equally, agreeing to attend without first taking advice can expose you to avoidable risk. The practical approach is usually to have a solicitor contact the officer, confirm the status of the investigation and arrange the interview on a properly informed basis.
Can the police arrest me during or after a voluntary interview?
Voluntary attendance means you are not under arrest when you attend and you are free to leave unless the position changes. If the legal test for arrest later becomes satisfied, the police may arrest. We therefore keep the interview focused and advise throughout on your status and rights.
Digital evidence and phones
Many modern investigations turn on messages, call records, social media, location evidence, images, downloads and cloud data. If the allegation depends on digital material, identify relevant devices and preserve the material before anything is deleted or lost. Do not contact witnesses or complainants to obtain evidence without legal advice if that contact could be misinterpreted.
After the interview
The police may take no further action, continue investigating, seek further evidence, invite another interview, impose bail if an arrest subsequently occurs, or submit the case for a charging decision. Where appropriate, we can continue to deal with the officer, request updates and consider focused pre-charge representations.
Frequently asked questions
Do I need a solicitor if I am innocent?
Yes, innocence does not remove the need for careful interview strategy. A truthful account can still be misunderstood if the questions, documents or allegation are not properly understood first.
Is legal advice at a voluntary interview free?
Police station legal advice is generally available without charge under criminal legal aid rules, subject to the usual scope of the scheme.
Can I postpone the interview until I have advice?
Often an interview can be arranged for a reasonable time that permits representation, but the police control the investigation. We can contact the officer and deal with the practical arrangements.
Should I send the police documents before interview?
Not without advice. Sometimes documents should be raised during or after interview; in other cases early provision is helpful. The timing can affect strategy.