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The Hidden Risks of Voluntary Police Interviews or informal chats in the UK You Need to Know
Key Takeaways
- Before interview, you and your solicitor must be given enough information to understand the nature of the allegation and why you are suspected (PACE Code C, paragraph 11.1A)
- The police do not have to disclose all of their evidence before interview
- Whether to answer questions, give a prepared statement or make no comment is a tactical choice you make with your solicitor's advice
- 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 get as much information about the allegation as you could. Under Code C, paragraph 11.1A, you and your solicitor must be given enough information to understand the nature of the allegation and why you are suspected, and your solicitor will ask the officer for more. Without this information, it is harder to make an informed decision about whether to answer questions. This is a critical risk that many people don't realise.
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 realise 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 a police interview, your solicitor will usually speak to the investigating officer and ask what the police can tell you about the allegation. Under PACE Code C (2023), paragraph 11.1A, you and your solicitor must be given enough information to understand the nature of the allegation and why you are suspected. The police do not have to disclose all of their evidence, and the investigating officer decides what is disclosed. Your solicitor will ask for as much as possible.
What Information Should You Be Given?
Code C, Note 11ZA, says the information should normally include, as a minimum, a description of the facts relating to the suspected offence that are known to the officer, including the time and place. The police can hold back details if giving them at that point might prejudice the investigation. The prosecution's formal disclosure duties under the Criminal Procedure and Investigations Act 1996 apply later, if the case goes to court; they do not apply to pre-interview disclosure at the police station.
If the Police Give Little Information
If the police give very little information, your solicitor can raise this with the investigating officer and will take it into account when advising you. Whether you answer questions, give a prepared statement or make no comment is a tactical choice you make with your solicitor's advice. Limited disclosure does not give you an automatic right to refuse to answer, and a court may still be asked to draw an inference from silence (Criminal Justice and Public Order Act 1994, section 34).
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 give you and your solicitor enough information to understand the nature of the allegation and why you are suspected (Code C, paragraph 11.1A). They do not have to disclose all of their evidence, and they can hold back details that might prejudice the investigation. Your solicitor will advise you on how to approach the interview in light of what has been disclosed.
What if I answered questions without a solicitor?
Any answers given may still be used as evidence. Section 58 of PACE gives a person in police custody the right to consult a solicitor, but it does not automatically exclude answers given without a solicitor.
Is disclosure the same at police station and court?
No. At the police station the police only have to give enough information for you to understand the nature of the allegation and why you are suspected (Code C, paragraph 11.1A). The prosecution's disclosure duties under the Criminal Procedure and Investigations Act 1996 apply later, once the case is in court.
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
- PACE Code C (2023), paragraph 11.1A and Note 11ZA, brought into operation by the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B, C, D and H and New Code I) Order 2023 (SI 2023/1422)
- Criminal Procedure and Investigations Act 1996 (prosecution disclosure once a case is in court)
- Criminal Justice and Public Order Act 1994, section 34
- Police and Criminal Evidence Act 1984, section 58
- CPS — Adverse inference guidance (see R v Argent [1997] 2 Cr App R 27)
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.