Interview under caution without arrest
Have you received a voluntary police interview invitation? Contact Ghafar Khan before agreeing to attend or answering questions. You are not under arrest, but the interview is conducted under caution and anything you say may be used as evidence. Free and independent legal representation is available.
What is a voluntary police interview?
A voluntary interview is a formal interview under caution without an arrest. You do not have to consent to being interviewed, and you are normally free to leave unless you are arrested. The police must explain the offence they suspect and why they want to interview you.
- Sometimes called a voluntary attendance interview
- May take place at a police station or another suitable location
- The caution and interview can affect any later case
Do I need a solicitor for a voluntary interview?
You have the right to ask for a solicitor, and legal advice for a police voluntary interview is free. A solicitor can seek information about the allegation, advise you privately and attend while questions are asked. Asking for legal advice does not make you look guilty.
- Advice before the interview begins
- Help deciding how to respond to questions
- Protection of your rights and a clear record of the process
What should I do when the police contact me?
Take the officer’s name, station, contact details and the alleged offence. Do not discuss the facts by telephone or send an account before receiving advice. A convenient interview time can normally be arranged so that a solicitor can attend.
- Do not ignore the request
- Do not delete messages or documents
- Call 07500 556587 before agreeing to an interview date
Common questions about voluntary police interviews
Can I be arrested at a voluntary interview?+
You attend voluntarily and are normally free to leave, but the police may arrest you if lawful grounds arise. A solicitor can explain the position and remain with you during the interview.
Is a solicitor free for a voluntary police interview?+
Yes. Free and independent legal advice is available for a voluntary police interview under caution, and you can ask for a solicitor to be present.
Do I have to attend a voluntary police interview?+
A voluntary interview is not the same as being arrested. You are not under arrest and you do not have to consent to being interviewed. However, ignoring police contact can lead to further steps, so take legal advice before deciding how to respond.
Can I leave during a voluntary interview?+
You are normally free to leave at any time unless you are arrested. The police should make clear that you are not under arrest and that your attendance is voluntary.
Should I answer every question?+
Do not decide this without advice. The caution means you do not have to say anything, but failing to mention something you later rely on may affect your defence. A solicitor can advise whether to answer questions, provide a prepared statement or remain silent in light of the disclosure and evidence.
Will asking for a solicitor make me look guilty?+
No. Official guidance expressly states that asking for legal advice does not suggest guilt. The right exists so that you understand the allegation, your options and the consequences of the interview.
Can the police interview me somewhere other than a police station?+
Voluntary interviews can sometimes take place at another suitable location. The same core safeguards still apply, including the caution and access to legal advice.
What happens after a voluntary interview?+
The police may continue investigating, take no further action, arrange further enquiries, arrest if lawful grounds arise, or submit a file for a charging decision. The outcome depends on the evidence and the offence under investigation.
What should I do before a voluntary interview?
Preparation matters because a voluntary interview is still an evidential interview under caution. Before attending:
- Keep the officer’s name, station, contact details and any written appointment information.
- Do not give an informal account of the allegation by telephone, text or email before receiving advice.
- Preserve messages, call records, receipts, work records, travel evidence, CCTV details and other material that may help explain events.
- Do not delete, alter or dispose of potentially relevant material.
- Tell your solicitor about any vulnerability, medical issue, language need or other factor affecting the interview process.
- Ask your solicitor to obtain disclosure about the allegation before deciding how to respond in interview.
If the police have contacted you for a voluntary interview, call 07500 556587 before agreeing the substance of any interview.
Speak to Ghafar Khan now.
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