Do I Need a Solicitor for a Voluntary Police Interview?

Do I Need a Solicitor for a Voluntary Police Interview?

The police have asked you to come in for a "voluntary interview." It sounds informal — the word "voluntary" suggests it is no big deal. In fact, a voluntary police interview is a formal criminal investigation process carried out under caution. What you say can be used as evidence. What you fail to mention can sometimes be held against you. Getting a solicitor is not just sensible — it is one of the most important steps you can take.

This guide answers the key questions: what a voluntary interview is, why it is not as informal as it sounds, what the risks of attending alone are, and exactly how to get free legal advice in Kent.

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What Is a Voluntary Police Interview?

A voluntary interview (also called a voluntary attendance interview, or VA) is an interview conducted by the police where you have not been arrested. You are asked to attend the police station — or sometimes another location — to be questioned about an alleged offence.

The key word is "under caution." Before the interview, the police will caution you with the words:

"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 do say may be given in evidence."

Those words matter. They are not a formality. They tell you three things:

1. You have the right to remain silent.
2. If you stay silent about something and later rely on it in court, the court may be told you did not mention it — and may draw an adverse inference.
3. Everything you say is evidence and can be used in any subsequent prosecution.

A voluntary interview carries exactly the same legal weight as an interview after arrest. The only practical difference is that you have agreed to attend rather than being taken there by force.

Can I Refuse to Attend a Voluntary Interview?

Technically, you are not legally required to attend a voluntary interview — you have not been arrested and you cannot be forced to go. However, refusing to attend does not make the investigation go away. In many cases, the police will simply arrest you instead. Refusing can also create a negative impression. The better approach is to engage — but to do so properly, with legal advice and at a time of your choosing.

The Risks of Attending a Voluntary Interview Without a Solicitor

Many people think that because they are not under arrest, they can handle a voluntary interview themselves. This is one of the most common and costly mistakes in the criminal justice process. Here is why:

1. You do not know what evidence the police have

Before the interview, the police are not required to show you everything they have. You may be questioned based on CCTV footage, digital evidence, witness statements, or forensic results you have not seen. Your solicitor's job is to obtain as much pre-interview disclosure as possible so that you are not answering questions blind.

2. You may accidentally fill gaps in the police case

Police interviews are structured to elicit information. Even an innocent person trying to be helpful can inadvertently confirm details that support the prosecution's case, contradict themselves, or say something that is later taken out of context. A solicitor helps you avoid giving unnecessary information.

3. Adverse inference risks

Under the Criminal Justice and Public Order Act 1994, if you fail to mention a fact at interview that you later rely on in your defence, the court may draw an adverse inference. In other words, if you stay silent about something important, you may be asked at trial why you did not say it earlier. Getting advice before the interview means you can put the right things on record, in the right way.

4. Interview strategy requires legal advice

There is no one-size-fits-all approach. Whether to answer questions, give a prepared statement, or exercise your right to silence depends entirely on the allegation, the evidence, and your individual situation. Only a solicitor who has seen the disclosure and taken your instructions can give you that advice.

5. You cannot undo what you say

Interviews are recorded. Once something is said, it is on the record. A misjudged comment, a misremembered detail, or an attempt to over-explain can cause serious problems later. There is no way to take it back.

Your Right to Free Legal Advice — Even for Voluntary Interviews

You are entitled to free independent legal advice at a voluntary police interview. This right is the same as for an interview after arrest. It is not means-tested — you do not need to qualify financially. The Legal Aid Agency funds it.

You can have a solicitor:

• Advise you before you attend (by phone or in person), and
• Attend with you at the police station during the interview.

If you contact a solicitor in advance of a voluntary interview, they can arrange to attend with you — or to attend at the police station when you arrive. You do not have to attend first and then ask for a solicitor once you are there.

What a Solicitor Does at a Voluntary Interview

Having a solicitor at a voluntary interview is not about looking uncooperative or hiding something. It is about ensuring that the process is fair and that your legal rights are protected. Your solicitor will:

1. Obtain pre-interview disclosure — ask the police what the allegation is and what evidence they have.
2. Advise you in private before the interview starts. This is confidential.
3. Recommend an interview strategy — whether to answer questions, give a prepared statement, or exercise your right to silence.
4. Attend the interview with you and intervene if improper questions are asked.
5. Advise on next steps after the interview, including bail, release under investigation, or any conditions.

Arranging a Solicitor for a Voluntary Interview in Kent

If you have been asked to attend a voluntary interview at a Kent police station — including Sevenoaks, Swanley, Tonbridge, Maidstone, Medway (Gillingham), Gravesend, Canterbury, Folkestone, or Ashford — contact Robert Cashman as soon as possible. Do not delay until the day of the interview.

Robert can advise you:

• About whether to attend, and on what terms,
• About the risks specific to your type of case,
• And attend with you at the police station.

Legal advice for voluntary interviews is free under Legal Aid. Call 01732 247427 or use the contact page. Extended hours availability, subject to availability.

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Common Myths About Voluntary Interviews

• "It's just a chat — I don't need a solicitor." No. It is a formal interview under caution. What you say is evidence.
• "Getting a solicitor will make me look guilty." No. Seeking legal advice is a fundamental right. Police and prosecutors deal with represented clients every day. It reflects good sense, not guilt.
• "If I explain everything, they'll drop it." Not necessarily. The decision to charge depends on the evidence and public interest, not on whether you were cooperative at interview. In some cases, explaining too much can make things worse.
• "I can get a solicitor after the interview if I need one." By then it is too late. Whatever you said in the interview is already on the record.
• "Voluntary interviews are less serious than arrest interviews." They carry exactly the same legal weight. The caution, the recording, the legal risks — all the same.

Frequently Asked Questions

Further Reading

• Voluntary police interview risks
• No comment in a police interview — when it helps and when it harms
• What happens in a police interview? Step-by-step guide
• Your rights in custody
• PACE Code C explained
• Contact us