Voluntary Police Interviews in the UK: What You Must Know
Have you ever been invited to a police station “to assist with an enquiry”? Knowing how to respond to a voluntary police interview is essential to ensure you respond in the proper way. Although it’s not an imposition of arrest, a voluntary interview occurs in a non-custodial manner. However, you still have legal safeguards. Knowing your rights in this context in the UK is necessary if you will be facing police scrutiny. This guide aims to make you knowledgeable about interviews with police officers, keeping you encouraged, and ready.
What is the Voluntary Interview with Police Aspect?
A police interview where one is ‘voluntary’ is where an invite is sent for someone to attend the police station and is not in arrest status, which is sometime referred to as ‘assisting police with an enquiry’. In this situation, patrol officers would like to speak to an individual as a witness, and that individual is not in police custody, nor is that individual a suspect to any crime. The most important part about this situation is that you attend the police station and you have to do so voluntarily – in a theoretical sense, you are at liberty to leave at any time during the interview, subject to the police arresting you if they think you have committed an offense.
Normally, the interviews are held in particular interview rooms and are recorded. You have the right to remain silent, and the interviewers cannot force you to answer anything. However, they may take note of your silence on the recording. This is referred to as the Police and Criminal Evidence Act (PACE) in England and Wales although the same practices apply in Scotland and Northern Ireland.
What Are the Main Characteristics and Points of Understanding Your Rights
What is most important to you during a voluntary police interview is your knowledge. Knowing the procedure allows you to protect your interests in three ways. First, you have an unqualified right to have a lawyer in the room. Under the duty solicitor scheme, lawyers represent you for free. Second, you have the right to request as many pauses as you wish to speak to your lawyer. Third, knowing you can remain silent allows you to avoid speaking defensively, which can lead to an explanation being crafted in a way that you did not intend.
Being aware of your knowledge also helps you identify the difference between police direction and legal advice. The police may walk you through the reason for the interview, but they cannot counsel you legally. This is why it is so important to have a solicitor present as they can safeguard your interests and advise on the relevance of your answers to your case.
How to Prepare for a Voluntary Police Interview
When getting notified, the first thing to do is contact a solicitor, the police interview is not the time to wait until you get to the station to engage a legal professional. In a police interview you will be asked about circumstances, be proactive and think about the police’s possible inquiries and your legal position. To help you in your police interview, the most recent key facts for the interview should be written down. More focus should be on the timeline and details relative to the police inquiry.
Collect evidence which corroborates your statement. This can be documents, photos, receipts, emails, and even contacts of potential witnesses. Dress well and be punctual, as you will be further granted the respect of the interviewer. Focus on answering the questions that they have asked. If you feel the need to elaborate on the answer, ask your solicitor to break this down to you before you do.
Common Scenarios Where Voluntary Interviews Occur
Voluntary police interviews occur in different scenarios. One of the scenarios where you may be asked to attend is if you have witnessed a crime, and the police would like to get in more detailed information. On the other hand, you may be questioned as a possible suspect in a less serious investigation, where the police do not have legal grounds to make an arrest. There are also some interviews regarding traffic incidents, and even in cases of missing people, where you happen to be the last person they were seen with. Furthermore, there are also interviews about workplace conflicts that were reported to the police.
Understanding your scenario helps in pivoting the police might questions and what information is useful. There is a considerable difference in the level of legal consequences and the need to get a lawyer in a witness scenario and a suspect scenario.
Why Legal Representation is Important In Situations Where You Volunteer To Be Interviewed
Some people think that legal representation is only needed in scenarios where they might get arrested, or they might get charges. This is a misconception that ends up causing a lot of people to suffer consequences. Having a solicitor with you in a voluntary interview helps you avoid a lot of issues, helps you avoid questions that you ought not be asked, and helps you to think of situations where you probably need to stay silent because you will serve your interests better if you do not answer the questions.
A solicitor is able to sense that police questions are leading, are speculative, and are pulling in facts that have not yet been proven. They have the chance to explain things in a way that you will not be feeling cornered to answer statements. Representation is important because people can gain an innocent view in a situation, but they need to be careful because the words they will speak might be careless.
FAQs
Can I deny to be present in a voluntary police interview?
Yes, you can refuse to join a voluntary interview. A voluntary interview is completely voluntary. You can refuse to be interviewed. But, if you refuse police will probably, try to find other methods of investigation that maybe will involve arrest. We can advise you to speak with a solicitor so that you can understand the consequences that your scenario will present.
Does attending a voluntary interview make me look guilty?
No, attending voluntary interviews does not equal guilt, nor is it an indication of fault in any way. Many innocent individuals attend these interviews. Your legal counsel will advise you whether it is in your best interest to attend the interview, or to stay silent, based on the particulars of the case.
How long does a voluntary interview take?
The duration of interviews is almost always between half an hour to two hours although a wide range is also possible. Complicated matters may take a little longer and even require a number of interviews. The police are required to provide breaks but your solicitor may want to request more time for other matters.
Am I required to answer police questions?
You do not have to answer questions. You have the right to remain silent. But the police may perceive the account you provide more favorably if you do not remain silent throughout. Your solicitor will best advise you in these circumstances.
What should I have for a voluntary interview?
You should have any documents that will support your statements, and your solicitor’s contact information. U Should not bring original documents that are of importance to you. You should only bring copies of documents. It’s a good idea to keep your phone in a safe place and police stations often have a safe place for personal items.
Can police keep me at the station if I go in on my own?
The police have the ability to perform detaining functions even in situations where the interview was originally volunteered. There could be reasonable suspicion based on the evidence collected at the interview. In that case, you would be able to be aided by your attorney/solicitor and have the right to dispute the legal basis your arrest.
What follows after the police interview?
The police may decide to do nothing, do some follow up investigating, or decide to arrest and charge you for committing a crime. The police try to send a report to interviewees indicating the result of the interview and keep the interviewee updated on the result. In more complex cases, the police may take more time to send their report.
CONCLUSION
Knowing the process for these voluntary interviews with police helps in the long run to defend your interests in the legal system. You have to remember that even if you volunteered for the interview, you still have the rights to legal counsel representation at your hearing, the right to keep quiet, and you have the right to interruptions during the interview. The best thing you can do is to contact a legal counsel attorney/specialist before going to any police interviews.
Taking time to prepare mentally and legally transforms what might feel like an intimidating process into one where you maintain control and clarity. If police ever ask to interview you, get legal advice first. Your solicitor becomes your advocate to make sure your voice is represented and your interests are protected during the process.
