Can the police interview me again? Yes. Police may arrange a further interview when new evidence, allegations or questions arise. A second interview is still formal questioning under caution: you remain entitled to free and independent legal advice and should obtain case-specific advice before deciding how to respond.
Why do police want a second interview?
A further police interview may be requested because investigators have obtained CCTV, witness accounts, phone downloads, financial records, forensic results or information from another suspect. They may also want clarification of something said—or not said—in the first interview.
Do not assume that a repeat interview means a charge is inevitable or that the questions will cover the same ground. Ask for the date, location, alleged offence and investigating officer’s details, then contact a criminal defence solicitor.
Do I need a solicitor for a further police interview?
Legal advice is strongly recommended. The current PACE Code C requires sufficient information to be provided so that a suspect understands the nature of the alleged offence and why they are suspected. It also protects the right to free legal advice and to have a solicitor present, subject to limited statutory exceptions.
Your solicitor can seek available disclosure, compare it with the earlier interview and advise whether to answer questions, provide a prepared statement or exercise the right to silence. There is no universal “best” interview approach.
Should I change a previous no-comment answer?
That decision requires careful advice. Section 34 of the Criminal Justice and Public Order Act 1994 permits a court, in defined circumstances, to draw an inference where a defendant later relies on a fact they could reasonably have been expected to mention when questioned or charged.
Equally, answering without understanding the new material may create inaccuracies or unintended admissions. The earlier disclosure, advice, interview record and reasons for silence all need consideration.
What should I do now?
- Do not ignore the interview request.
- Do not discuss the allegation informally with an officer.
- Keep the original bail, interview and release documents.
- Preserve relevant messages, photographs and records.
- Ask for Ghafar Khan before the further interview begins.
Read more about voluntary police interviews and no-comment interviews.
Brief FAQs
Is legal advice free for a second police interview?
Police-station advice is normally free and independent, including for a voluntary interview under caution.
Can I ask for a different solicitor this time?
Yes. At the police-investigation stage you may ask for Ghafar Khan by name, even if somebody else advised you previously.
Ghafar Khan, Criminal Defence Solicitor and High Court Advocate; 24/7 mobile 07500 556587; notguilty@ghafarkhan.com; acting throughout England and Wales; #CALLGFA.
This article provides general information only and is not legal advice about an individual case.