Understanding your rights with a voluntary police interview

If the police have asked you to attend an interview but have not placed you under arrest, this is classed as a voluntary police interview. Being asked to attend a police interview can be worrying and you could be unsure what your rights are while being interviewed. In this article, we are going to explain your rights when it comes to voluntary police interviews, what may happen during and after a voluntary police interview, and point out when a police interview can be classed as unlawful.

Just because you are not under arrest, it doesn’t mean that police don’t still have to follow set rules when interviewing you.

What is a voluntary police interview?

Sometimes the police will ask you to attend a ‘voluntary police interview’, which are also called an ‘interview under caution’. A voluntary police interview occurs when you are not under arrest and you do not have to consent to an interview.

Although you are not under arrest at the time of the voluntary police interview, you are under caution, so criminal proceedings can be commenced. The interviews are also recorded and can be used as evidence, should they need to. Although it may seem like an informal chat, it still has a high level of seriousness. If you’re asked to a voluntary police interview, you could be a suspect in criminal proceedings. This is why it’s important to understand your rights.

What does ‘under caution’ mean?

A voluntary police interview is carried out under caution. The caution should be read out to you before the interview takes place and should be as follows:

“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.”

This means that if the police pursue a case against you and it goes to trial, the prosecution can use your answers or refusal of answers as evidence in part of their case. Therefore, you must be careful what you say.

Your rights during a voluntary police interview

Your rights when undertaking a voluntary police interview are set out in PACE Code C.

• You do not have to consent to being interviewed: As you are not under arrest, you don’t have to consent to a police interview, however this could work against you if there is further investigation.
• You must be told your rights: A police interviewer must tell you your rights, entitlements and safeguards before they ask you to consent and start an interview. If this does not take place, this could be classed as unlawful.
• You can leave at any point: During a voluntary police interview, you can leave at any point unless you are placed under arrest. If you are not under arrest and you are stopped from leaving, this  may be unlawful detainment and you could be entitled to make a claim against the police.  
• You do not have to say anything: Remember you “have the right to remain silent”. If you are asked questions, particularly around a suspected offence or crime, you do not have to answer and can say ‘no comment’. The police cannot pressure you to answer their questions.
• You are entitled to independent legal advice and representation: Even though you are not under arrest, you are entitled to have legal advice during a voluntary police interview. You can ask at any point to speak to a solicitor, and the police interviewer must not ask any questions until you’ve had the chance to do so.
• You must be provided with sufficient information about the nature of the offence you are suspected of committing: Before interviewing you, the police must provide you with sufficient information so that you can understand the offence they are interviewing you about. If you are not clear of this, you can ask the police to provide more information.

Can a voluntary police interview lead to an arrest?

A police interview and an arrest are two different matters. However, if you are invited to a police station for a voluntary police interview, the officers can make the decision to arrest you. If this is the case, they must inform the custody officer who then must inform you that you are under arrest and read you your rights. To understand more about your rights when arrested, read our blog ‘your right to remain silent – what are UK Miranda Rights?

Once you have been arrested, you cannot leave the police station, however, the police can only  hold you for up to 24 hours before they have to either charge you with a crime or release you. If you are held longer than this, or detained after 24 hours, this could be unlawful and you may be entitled to make a claim against the police.

What happens after a voluntary police interview?

During a police interview, the police could feel they are enough evidence or reasonable grounds to place you under arrest. However, they may also conclude from the interview that you are not guilty of the offence in question. Depending on the conclusion the police have made, after a voluntary police interview the police will either stop pursuing any action against you, arrest you or release you but with the premise that they may be in touch further down the line if they intend to proceed with their enquiries or pursue a case against you.

HNK Solicitors can help with you action against the police claim

If you have attended a voluntary police interview and believe the police have not upheld your rights, you could be entitled to make an action against the police claim. If they, for example, did not read out the caution to you or withheld you from leaving even though you weren’t under arrest, this is unlawful behaviour. If you have suffered any form of police misconduct before, during or after a police interview, you could be entitled to compensation. You do not have to accept unlawful police conduct.

HNK solicitors can help you with your action against the police claim. We can take your case on a no-win, no-fee basis, so you don’t have to pay a penny upfront to start your claim. Get in touch with our team today by emailing enquiries@hnksolicitors.com or call us on 0151 668 0818. Alternatively, fill in our online claim form to get started on your claim right away.