A Guide to Voluntary Interviews

Olliers’ Aimee Darbyshire-Ellison considers voluntary interviews and how Olliers can assist those attending for interview on a voluntary basis. 

What is a voluntary interview? 

 A voluntary police interview is serious, it is an opportunity for police to gather evidence which can significantly impact an ongoing investigation. 

A voluntary police interview takes place when you are asked to attend a police station on a scheduled date and time to answer questions about a criminal investigation. It is also known as a voluntary attendance. When attending a voluntary interview, you are not under arrest and you are free to leave at any time, though police will advise that they may find it necessary to arrest you should you attempt to leave.  

How may the police organise a voluntary interview? 

You may receive a call or letter from the police inviting you to a voluntary police interview, in most cases, it can be scheduled at a date and time that is convenient for you. In some cases, it may be that they attend your address to arrange an interview.  

Why might the police decide to interview voluntarily rather than arrest? 

In many cases the police arrest and interview an individual at a custody suite. This may be because they have a concern regarding preservation of evidence i.e. they want to conduct a house search or want to request bail conditions following the interview, for example, in relation to non-contact with the complainant. 

If there are no concerns for preservation of evidence or need for bail conditions to be imposed the police will opt to invite you for a voluntary interview.  

Do I have to attend the interview? 

You do not have to attend a voluntary interview; however this is not advisable.  

If you choose not to attend the interview, the police will need to assess whether it is reasonable and proportionate to arrest you for the purpose of conducting an interview.  

It is advisable to attend the voluntary interview with legal representation. 

Do I need a solicitor? 

It is crucial that you have appropriate legal representation when being interviewed by police in any circumstance. 

There are two options for legal representation in a voluntary interview: 

Firstly, you could ask the police to arrange a duty solicitor for you. This would be free of charge and the solicitor will attend the voluntary interview on the arranged date and time.  

Alternatively, you could instruct your own solicitor. This could either be on a legal aid basis or a privately funded basis. A solicitor instructed on this basis could liaise with you prior to the police interview and potentially request disclosure from police and speak with you in advance of attending the interview. 

Understanding the reasons for being questioned and the motivations of the police can help to better identify the best approach to the interview.  

Having a solicitor who regularly deals with police will ensure that you are well prepared. 

What happens during a police interview  

At the beginning of the interview, police will give their names and ask you to confirm yours. They will confirm the interview is being recorded and that you can choose to pause or end the interview at any time.  

You will then be cautioned. The caution is 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, and anything you do say may be given in evidence. ‘ 

Simply put, you do not have to answer police questions, however, if you do not mention something that may be raised as a defence later, for example, an alibi, and the matter proceeds to court, the court may be less likely to believe your alibi. The interview will also be digitally recorded and can be used as evidence.  

Following confirming your understanding of the caution, officers will then ask you questions in relation to the allegation they are investigating.  

What preparation does a solicitor do prior to a voluntary interview? 

A solicitor who has been instructed via the duty solicitor scheme will not have a great deal of preparation time this is because legal aid funding is relatively limited and does not fund work to be conducted prior to an interview under caution. The solicitor will simply ensure that they are familiar with the law surrounding the alleged offence and attend on the proposed date. On the day of the interview, the solicitor will have a brief meeting with the officer to gain disclosure, they will then have a consultation with you just before the interview to explain the allegations and best approach to interview.  

When a solicitor has been instructed on a private basis prior to the voluntary interview, there is much more time afforded for preparation. The solicitor will seek liaise with the officer to gain disclosure well in advance of the attendance. A consultation in advance of the interview can be arranged for thorough consideration of the disclosure and discussion about the allegation. Advice will be given as to the best approach to interview and any relevant statement will be drafted. The solicitor will then attend the voluntary interview with you on the day. Instructing on a private basis often assists the person being interviewed to feel more at ease with the process as preparation has been done prior to the attendance.   

What happens after a voluntary interview? 

Following the police interview, those who have attended voluntarily are often free to leave. They will be considered to be under investigation. This means that the investigation is ongoing and they may be further interviewed or charged should any supporting evidence come to light.  

For you to be prosecuted the police /Crown Prosecution Service need to be satisfied that firstly there is a realistic prospect of a conviction based upon the evidence. Secondly, a prosecution must be in the public interest. In cases of this nature, lawyers often advise clients that following an interview there is nothing that can be done until the investigation is concluded, in other words, it is a waiting game. 

We disagree with this approach and prefer to take a proactive approach. This is a crucial time for you and there are a number of steps that can be undertaken by both client and legal team at this stage which will make a significant difference to the ultimate conclusion of your case. 

The pre-charge engagement team at Olliers is known for its proactive approach in criminal investigations. We place great emphasis on bringing cases to an early conclusion, without a client having to face the stress, trauma and cost of court proceedings.  

How Olliers can help with voluntary interviews  

Olliers Solicitors specialises in representation at the police station for various criminal offences.  

Legal aid funding is relatively limited and does not fund work to be conducted prior to an interview under caution.  

You may wish to discuss the allegation against you and be advised in relation to the strategy to be adopted during the interview in advance of the interview. 

You may have no prior knowledge and experience of the criminal justice system and require additional support.  

You may have documentary evidence that you feel would assist your defence and wish to provide this to your legal team in advance. 

When a police interview is being dealt with voluntarily we are able to liaise with the officer dealing with a case to facilitate an interview at a time convenient to all and, more often than not, obtain advance disclosure of the particulars of the allegation and therefore arrange a meaningful conference prior to attendance at the police station, often providing the upper hand.  

At Olliers, we specialise in representing individuals at voluntary interviews and understand that many clients wish to prepare meticulously for an interview. We seek to ensure our clients are prepared as such and as far as possible we aim to remove any unknowns and make attending much less daunting.  

If you have been contacted by the police to attend a voluntary interview please contact us on 0161 8341515 (Manchester) or 020 3883 6790 (London), email info@olliers.com or complete the enquiry form below to arrange representation.