What Happens If You Don't Attend a Voluntary Police Interview in England?
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
What Happens If You Don't Attend a Voluntary Police Interview in England?
If you are invited for a voluntary police interview and do not attend, the police may decide to arrest you. Under section 24 of the Police and Criminal Evidence Act 1984, police can arrest without a warrant if they have reasonable grounds to suspect you have committed an offence and it is necessary to arrest you to enable the prompt and effective investigation of the offence.
When Can Police Arrest You?
Under section 24(5) of PACE, one of the reasons arrest may be necessary is if it is necessary to allow the prompt and effective investigation of the offence. If you fail to attend a voluntary interview, the police may conclude that arrest is necessary to ensure you are interviewed. Under Code G, paragraph 2.9(e), this is a valid reason for arrest.
Your Right to Legal Advice
Whether you attend voluntarily or are arrested, you have the right to free legal advice under section 58 of PACE. Under Code C, paragraph 6.1, the police must contact a solicitor on your behalf without delay. Legal advice is free under Legal Aid, provided under Schedule 1, Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Why You Should Attend with a Solicitor
Attending a voluntary interview with a solicitor ensures your rights are protected. Your solicitor can obtain disclosure of the case against you under Code C, paragraph 11.1A, advise you on whether to answer questions, and ensure the interview is conducted fairly. This can often prevent the need for arrest.
Consequences of Non-Attendance
If you do not attend a voluntary interview, the police may issue a warrant for your arrest under section 1 of the Magistrates' Courts Act 1980. This can lead to you being arrested at an inconvenient time, such as at work or in public.
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