What to Do If Police Want a Voluntary Interview
A voluntary police interview (sometimes called a PACE interview under caution) is not the same as arrest. You can refuse, but your response — and the interview itself — can have serious legal consequences.
Quick Answer
You are not legally obliged to attend a voluntary interview. However, refusing without good reason can lead to arrest and a compulsory interview instead. If you do attend, you have the same legal rights as an arrested person — including the right to have a solicitor present free of charge. Never attend a voluntary police interview without first speaking to a criminal solicitor.
Full Explanation
A voluntary police interview — often called a 'PACE interview under caution' — is an interview conducted under caution pursuant to the Police and Criminal Evidence Act 1984 (PACE) and Code C of the PACE Codes of Practice. The caution given is the standard one: '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 say may be given in evidence.' Everything you say in a voluntary interview is therefore potentially admissible evidence against you.
Unlike an arrested suspect, you are free to leave at any time during a voluntary interview. However, in practice the police may arrest you if you refuse to attend or leave mid-interview, and they then have powers of detention under PACE. Attending voluntarily is sometimes preferable to arrest (it avoids fingerprints, photographs, and DNA being taken as a matter of routine), but this calculation depends heavily on the seriousness of the matter.
You have the right to have a solicitor present at a voluntary interview, and this is entirely free under the duty solicitor scheme. This is the single most important right you have, and you should exercise it. A solicitor can advise you before the interview on whether to answer questions, give a prepared statement, or exercise your right to silence. They can object to improper questions during the interview and ensure the police comply with PACE procedures. The solicitor's presence is also a significant deterrent to improper police conduct.
The decision whether to answer questions, give a prepared statement, or remain silent entirely is one of the most consequential decisions in the criminal process. Adverse inferences can be drawn by a jury under the Criminal Justice and Public Order Act 1994 if you fail to mention facts at interview which you later rely on in court. However, silence remains an option in some circumstances — particularly where the evidence against you is unknown or the allegations are unclear. Your solicitor will advise you on the correct approach.
If you decide to attend, prepare by writing down everything you know about the subject matter of the interview and share it with your solicitor. Do not discuss the matter with potential witnesses or destroy any documents. After the interview, make a contemporaneous note of everything you said and were asked.
Legal Basis
- §Police and Criminal Evidence Act 1984 (PACE), Code C (detention, treatment and questioning)
- §Criminal Justice and Public Order Act 1994, ss.34–37 (adverse inferences from silence)
- §PACE Code C, para 3.21 (right to free legal advice in voluntary interviews)
- §R v Beckles [2004] EWCA Crim 2766 (circumstances in which silence is protected)
What To Do
Do Not Attend Without Speaking to a Solicitor First
Before agreeing to attend or contacting the police to arrange the interview, call a criminal defence solicitor immediately. Most firms will advise you by phone about whether to attend and will accompany you. If you have no solicitor, contact the duty solicitor scheme or the Criminal Defence Service.
Find Out What the Interview Is About
You are entitled to know, in general terms, what offence is being investigated so you can properly instruct your solicitor. Ask the officer contacting you to confirm this in writing or by email. The police are not obliged to disclose the full evidence, but they must give you enough information to obtain legal advice.
Prepare With Your Solicitor
Before the interview, have a full pre-interview disclosure meeting with your solicitor. Tell them everything you know about the relevant events. The solicitor will advise whether to answer questions fully, give a prepared statement, answer some questions, or remain silent.
Attend the Interview With Your Solicitor
Your solicitor has the right to be with you throughout the interview, to take notes, to advise you, and to object to improper questions. Listen carefully to each question. If you are unsure, consult your solicitor before answering. You are entitled to private consultation with your solicitor at any stage.
After the Interview
Ask your solicitor what happens next. The police may: take no further action; issue a caution (which requires an admission of guilt); refer the matter to the Crown Prosecution Service for a charging decision; or arrest you later. Do not discuss the matter with potential witnesses pending the outcome.
Important Deadlines
Important Warnings
The caution means what it says — anything you say can be used against you. Do not assume an informal chat with police is not on the record.
Never agree to a 'quick chat' or informal discussion with police about a criminal matter without legal advice — these conversations can become evidence.
Being cooperative is not the same as attending without a solicitor. You can be cooperative and professional while still exercising your legal rights.
If police try to interview you without disclosing the nature of the allegations, you are entitled to refuse to answer questions until they do so.