Voluntary Interviews With Police
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
Voluntary Interviews With Police
A voluntary interview (also called a voluntary attendance or interview under caution) is a formal interview conducted by the police where you are not under arrest. Under section 29 of the Police and Criminal Evidence Act 1984, you are free to leave at any time unless you are placed under arrest. However, anything you say can be used as evidence in court.
Your Rights During Voluntary Interviews
During a voluntary interview, you have the same rights as if you were under arrest. Under Code C, paragraph 3.21, you have the right to free legal advice, the right to have a solicitor present, and the right to be informed of the nature of the suspected offence. Under Code C, paragraph 11.1A, your solicitor can obtain disclosure of the case against you before the interview begins.
Why Legal Representation is Essential
Even though voluntary interviews are not conducted under arrest, they are just as serious. Under Code C, paragraph 10.1, you will be cautioned, and the interview will be audio or video recorded. Your solicitor can advise you on whether to answer questions, ensure the interview is conducted fairly, and protect your interests throughout the process.
The Interview Process
Voluntary interviews are conducted under caution, as required by Code C, paragraph 10.1. The interview will be recorded, and your solicitor will be present throughout. Under Code C, paragraph 11.4, you have the right to breaks and to consult with your solicitor in private. The police must follow the same procedures as for interviews under arrest.
Free Legal Advice
Legal advice for voluntary interviews is free under Legal Aid, regardless of your financial circumstances. This is provided under Schedule 1, Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
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