What happens at a police station voluntary interview

What happens at a police station voluntary interview

What Happens at a Police Station Voluntary Interview

If you are invited for a voluntary interview at a police station, understanding what to expect can help you prepare. Under section 29 of the Police and Criminal Evidence Act 1984, you are not under arrest during a voluntary interview, but you have the same rights to legal advice and representation.

Before the Interview

Before your interview begins, you have the right to speak to a solicitor in private. Under Code C, paragraph 11.1A, your solicitor can obtain disclosure of the allegations and evidence against you. This enables them to provide proper legal advice about whether to answer questions or exercise your right to silence.

During the Interview

The interview will be conducted under caution, as required by Code C, paragraph 10.1. You will be informed that you do not have to say anything, but it may harm your defence if you do not mention something you later rely on in court. The interview will be audio or video recorded, and your solicitor will be present throughout.

Your Rights During Interview

You have the right to have a solicitor present, take breaks when needed, ask for clarification if you don't understand questions, and exercise your right to silence. Under Code C, paragraph 11.4, you can consult with your solicitor in private at any time. The police must follow the same procedures as for interviews under arrest.

After the Interview

After the interview, the police may decide to take no further action, release you under investigation, release you on bail, or charge you with an offence. Under section 37 of PACE, the police must make a decision about how to proceed. Your solicitor can make representations about bail or release.

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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

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