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What Happens If You Don't Attend a Voluntary Police Interview in England?
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
What is a Voluntary Police Interview?
A voluntary police interview (also called a "voluntary attendance" or "interview under caution") is a formal interview conducted by the police where you are not under arrest. Despite the name "voluntary", these interviews are serious and anything you say can be used as evidence in court.
Your Rights During a Voluntary Interview
During a voluntary interview, you have the right to:
- Free legal advice from a solicitor
- Have a solicitor present during the interview
- Understand the allegations against you
- Be given information about the allegation before the interview (Code C, paragraph 11.1A)
- Take breaks during the interview
Why You Need a Solicitor
Even though you are not under arrest, a voluntary interview is just as serious as an interview in custody. Having a solicitor present ensures:
- You understand your rights and the process
- You receive proper advice before answering questions
- The interview is conducted fairly and in accordance with PACE
- Your interests are protected throughout
- You understand the implications of what you say
What Happens During a Voluntary Interview?
The interview will be:
- Conducted under caution (you will be read your rights)
- Audio recorded (PACE Code E), and sometimes also video recorded (Code F)
- Conducted in accordance with PACE Code C
- Used as evidence if the case goes to court
Legal Advice is Free
Legal advice and representation for voluntary interviews is free under Legal Aid, regardless of your financial circumstances. PACE Code C, paragraph 3.21A(b), requires the police to tell you that free and independent legal advice is available.
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.