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The Hidden Risks of Voluntary Police Interviews or informal chats in the UK You Need to Know
Key Takeaways
- Your solicitor has the right to disclosure under Code C, paragraph 11.1A
- Disclosure must be sufficient to enable proper legal advice
- You can refuse to answer questions if disclosure is inadequate
- Always request a solicitor before any police interview
The Hidden Risks of Voluntary Police Interviews in the UK
Voluntary police interviews may seem less serious than being arrested, but they carry significant risks. Under section 29 of the Police and Criminal Evidence Act 1984, you are not under arrest during a voluntary interview, but anything you say can be used as evidence in court, just as if you were under arrest.
The Risk of Self-Incrimination
One of the biggest risks is saying something that incriminates you. Under Code C, paragraph 10.1, you are cautioned, but many people don't fully understand the implications. Without legal advice, you may inadvertently admit to something or provide information that strengthens the case against you. Your solicitor can advise you on what to say and what not to say.
Lack of Disclosure
Without a solicitor, you may not receive proper disclosure of the case against you. Under Code C, paragraph 11.1A, your solicitor can obtain disclosure of the allegations and evidence. Without this information, you cannot make an informed decision about whether to answer questions. This is a critical risk that many people don't realize.
Recording and Evidence
Voluntary interviews are recorded under Code E of PACE, and these recordings can be used as evidence in court. Under Code C, paragraph 11.4, the interview must be conducted fairly, but without a solicitor present, you may not realize if procedures are not being followed correctly. Your solicitor can ensure the interview is conducted properly.
Potential for Arrest
If you do not attend a voluntary interview or if the police decide arrest is necessary, you can be arrested under section 24 of PACE. Under Code G, paragraph 2.
The Importance of Pre-Interview Disclosure
Before any police interview, your solicitor should obtain disclosure from the investigating officer. Under Code C, paragraph 11.1A, you are entitled to be informed of the nature of the suspected offence and why you are suspected of committing it. This information must be sufficient to enable your solicitor to provide proper legal advice.
What Should Disclosure Include?
Proper disclosure should include the details of the allegation, any evidence gathered such as CCTV, forensic evidence, or witness statements, the circumstances of your arrest if applicable, and any other material facts relevant to your interview. Under the Criminal Procedure and Investigations Act 1996, section 3, the prosecution has ongoing disclosure obligations.
Challenging Inadequate Disclosure
If the police provide insufficient disclosure, your solicitor can make representations to the custody sergeant under Code C. Where disclosure is inadequate, your solicitor may advise you to make no comment in interview until proper disclosure is provided. This protects your position while ensuring fairness in the investigation.
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 the police refuse to give disclosure?
The police must provide sufficient information under Code C, paragraph 11.1A. If they refuse, your solicitor can advise you on the implications and whether to answer questions without full disclosure.
What if I answered questions without a solicitor?
Any answers given may still be used as evidence. However, the court will consider whether you were properly advised of your rights under section 58 of PACE when assessing the weight of that evidence.
Is disclosure the same at police station and court?
No. Police station disclosure is more limited. Full prosecution disclosure occurs after charging under the Criminal Procedure and Investigations Act 1996.
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 (Codes of Practice) Order 2015, Code C, paragraph 11.1A
- Criminal Procedure and Investigations Act 1996, section 3
- Police and Criminal Evidence Act 1984, section 58
- R v Argent [1997] 2 Cr App R 27