Police Station Agent is a private defence website operated by Robert Cashman — NOT Kent Police. Legal services are delivered through Tuckers Solicitors LLP (SRA number 592449).
I Think I May Be Arrested By The Police. What Should I Do?
Key Takeaways
- Voluntary interviews are governed by section 29 of PACE
- You are free to leave at any time as you are not under arrest
- You have the right to free legal advice even for voluntary interviews
- Anything you say can still be used as evidence against you
I Think I May Be Arrested By The Police. What Should I Do?
Understanding Your Rights
If you require legal advice or representation at a police station, you are entitled to free legal advice under the Police and Criminal Evidence Act 1984 (PACE). An accredited duty solicitor can advise you and look after your rights throughout.
Why Legal Representation Matters
Having a solicitor present during police interviews ensures:
- Your rights are protected
- You understand the allegations against you
- You receive proper advice before making decisions
- Police procedures are followed correctly
- Your interests are safeguarded
Free Legal Advice
Legal advice at the police station is free under Legal Aid, regardless of your financial circumstances. This applies to both arrested persons and those attending voluntary interviews.
Seeking Legal Advice
If you need legal representation at a police station in Kent, remember that legal advice is free under Legal Aid. An accredited duty solicitor can advise you and look after your rights throughout.
Contact Information
For legal representation at any Kent police station, we aim to respond as quickly as possible. If you are detained, ask custody staff for a solicitor: you have the right to consult a solicitor under section 58 of the Police and Criminal Evidence Act 1984.
Understanding Voluntary Interviews
A voluntary interview, governed by section 29 of PACE, is where the police invite you to attend the police station for questioning without arresting you. You are not under arrest and are free to leave at any time under Code C, paragraph 3.21. However, anything you say can still be used as evidence against you.
Your Rights in a Voluntary Interview
Even though you are not under arrest, you have the right to free and independent legal advice, including having a solicitor present during the interview (PACE Code C, paragraphs 3.21A(b) and 6.1). You also have the right to remain silent. The police must caution you before questioning, informing you that you do not have to say anything but that it may harm your defence if you do not mention something you later rely on in court.
Should You Attend?
Before attending a voluntary interview, you should consult a solicitor. If you fail to attend, the police may decide to arrest you; an arrest under section 24 of PACE needs reasonable grounds to suspect an offence and to believe arrest is necessary. Your solicitor can help with the timing and ask the police for information about the allegation before you attend, so you are properly prepared.
What Happens After the Interview?
After a voluntary interview, the police may release you under investigation (RUI), meaning the investigation continues without bail conditions. Alternatively, they may take no further action, charge you with an offence, or require you to return for further questioning.
Further Information
For more information about police station representation and your legal rights, visit our Duty Solicitor Services page. If you have been invited for a voluntary interview, see our guide on Voluntary Interview Advice. For local services, check our Kent Police Stations guide.
Frequently Asked Questions
Can I refuse to attend a voluntary interview?
Yes, you can refuse. However, the police may then decide to arrest you. An arrest under section 24 of PACE needs reasonable grounds to suspect you of an offence and reasonable grounds to believe that arrest is necessary for one of the reasons in section 24(5), such as allowing the prompt and effective investigation of the offence. Speak to a solicitor before deciding.
Do I have to answer questions in a voluntary interview?
No. You have the right to remain silent. However, under section 34 of the Criminal Justice and Public Order Act 1994, adverse inferences may be drawn if you fail to mention facts you later rely on in court.
Is a voluntary interview recorded?
Yes, usually. Under PACE Code E (2018), paragraph 2.1, an interview under caution about any offence must be audio recorded where an authorised recording device and a suitable room are available. Some interviews are also video recorded under Code F. The recording gives an accurate record for both you and the police.
Disclaimer: This article is for general information only and does not constitute legal advice. For advice specific to your situation, contact a qualified solicitor. Legal Aid is available for police station representation regardless of your financial circumstances.
References
- Police and Criminal Evidence Act 1984, section 29
- PACE Code C (2023), paragraphs 3.21 and 3.21A (SI 2023/1422)
- Police and Criminal Evidence Act 1984, section 58
- Criminal Justice and Public Order Act 1994, section 34
- PACE Code E (2018), paragraph 2.1
Sources
- GOV.UK — PACE Code C 2023 (accessible text)
- PACE 1984, section 58 — right to legal advice at the police station
- PACE 1984, section 76 — exclusion of confessions
- SRA register — Tuckers Solicitors LLP (592449)
General information only — not legal advice about any individual case. While every care is taken to keep information accurate, errors may occur and the law changes. Do not rely on this page instead of advice from a qualified solicitor. If you believe something is incorrect, contact us to report a content error. Statutory references and Code C paragraphs are summarised for readability; refer to the official published versions linked above.