When someone attends voluntarily for an interview with the police, they are not booked into custody.
The police will still carry out a “welfare check” to make sure you are fit and well to be interviewed as they have a duty of care to look after you whilst you are in their care.
With that done (it takes 10 minutes or so) the police will be ready to interview you.
If we are attending with you it is highly likely that we will have obtained pre-interview disclosure from the police, prior to attending at the police station. This is a brief written outline of the complaint against you upon which we will have taken your instruction.
Sometimes, the police withhold the disclosure until shortly before the interview and after the “welfare check”.
The police are under no obligation to give pre-interview disclosure, and certainly not in advance, but most do.
The voluntarily interview is only different from an arrest interview by the fact that you are not arrested.
In interview you are given the same rights such as you are read the police caution which explains such things as the fact that you do not have to say anything, should you decide not to do so.
The police have a complaint which they have to investigate. Whatever that complaint is, they want to get your version of events and your interview is the opportunity to get your version of events across.
If you have a defence for example you are accused of raping a female, you may wish to say that you had sexual intercourse with her on a consensual basis.
There is little point in saying “no comment” in such circumstances because the police will eventually prepare a file and send it to the Crown Prosecution Service (CPS) who are the lawyers, who will make the decision as to whether or not you are charged to go through the court process.
If you put yourself in the shoes of a prosecutor, who has someone accused of a very serious crime, who could only say “no comment”, the prosecutor may decide to charge you and have you put before a jury who can make the decision as to whether you are guilty or not guilty.
At a voluntarily interview, you can, technically leave the interview at any time. However, if the police have not concluded the interview with you, it is possible that you could be arrested.
This is not like the television where people get up and leave interviews whenever they please.
Legal representation is important because we have the pre-interview disclosure, we will take your instructions, we can advise you on the law in relation to the relevant offence for which you have been asked to attend at the interview and we can guide you in the interview.
One of your rights whilst in interview is to stop the interview at any time, to take legal advice.
If you do not have any representation then there is no advice for you to obtain.
Frequently Asked Questions
1. Do I have to attend a voluntary police interview?
You are not under arrest, but failing to attend may lead to arrest if the police believe it is necessary.
2. Can I bring a solicitor to a voluntary interview?
Yes, you have the right to free legal representation during the interview.
3. What happens if I leave the interview early?
You can leave, but the police may arrest you if the interview is incomplete.
4. Should I answer questions or remain silent?
This depends on your case. Legal advice is essential before deciding how to respond.
5. Will I be charged after the interview?
Not necessarily. The police may release you while they investigate further or refer the case to the CPS.
Contact Our Sexual Offences Solicitors Today
If the police have asked you to attend a voluntary interview in relation to a sexual offence, obtaining legal advice at the earliest opportunity can have a significant impact on your case. Our experienced solicitors will guide you through the process, protect your rights and provide clear, practical support at every stage.
Call us today on 07798 753 720, or get in touch via our online contact form to arrange urgent, confidential advice.
