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Inside a Voluntary Police Interview: What to Expect, Part 2
Key Takeaways
- Voluntary interviews are governed by section 29 of PACE
- You are free to leave at any time as you are not under arrest
- You have the right to free legal advice even for voluntary interviews
- Anything you say can still be used as evidence against you
This is part 2 of our guide to voluntary police interviews. In part 1, we covered the basics. Here, we explore the interview process in more detail and your rights throughout.
The Caution
At the start of the interview, you will be read the caution under Code C, paragraph 10.1. This informs you 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 caution is the same whether you are under arrest or attending voluntarily.
Recording the Interview
Voluntary interviews are recorded, usually by audio or video. Under Code E of PACE, interviews must be recorded. The recording ensures accuracy and can be used as evidence in court. Your solicitor will be present throughout and can ensure the recording is accurate and complete.
Questioning Procedures
During the interview, the police will ask questions about the allegations. Under Code C, paragraph 11.4, you have the right to breaks and to consult with your solicitor in private. Your solicitor can intervene if questioning becomes improper, unfair, or if you need clarification. They can also advise you on whether to answer questions.
After the Interview
After the interview, the police will make a decision about how to proceed. Under section 37 of PACE, they may decide to take no further action, release you under investigation, release you on bail, or charge you with an offence. Your solicitor can make representations about bail conditions or release.
Why Legal Representation Matters
Having a solicitor present ensures your rights are protected, you receive proper advice, and the interview is conducted fairly. Legal advice is free under section 58 of PACE and Schedule 1, Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. An accredited duty solicitor can attend any police station to provide expert representation.
Understanding Voluntary Interviews
A voluntary interview, governed by section 29 of PACE, is where the police invite you to attend the police station for questioning without arresting you. You are not under arrest and are free to leave at any time under Code C, paragraph 3.21. However, anything you say can still be used as evidence against you.
Your Rights in a Voluntary Interview
Even though you are not under arrest, you have the same right to free legal advice under section 58 of PACE. You can have a solicitor present during the interview, and you have the right to remain silent. The police must caution you before questioning, informing you that you do not have to say anything but that it may harm your defence if you do not mention something you later rely on in court.
Should You Attend?
Before attending a voluntary interview, you should consult a solicitor. If you fail to attend without good reason, the police may arrest you under section 24 of PACE. Your solicitor can negotiate the timing and obtain disclosure before you attend, ensuring you are properly prepared.
What Happens After the Interview?
After a voluntary interview, the police may release you under investigation (RUI), meaning the investigation continues without bail conditions. Alternatively, they may take no further action, charge you with an offence, or require you to return for further questioning.
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 I refuse to attend a voluntary interview?
Yes, you can refuse. However, the police may then arrest you under section 24 of PACE if they have reasonable grounds to suspect you of an offence. It is usually better to attend with legal representation.
Do I have to answer questions in a voluntary interview?
No. You have the right to remain silent. However, under section 34 of the Criminal Justice and Public Order Act 1994, adverse inferences may be drawn if you fail to mention facts you later rely on in court.
Is a voluntary interview recorded?
Yes. Under Code E, paragraph 3.1, all interviews about indictable offences must be audio-recorded. This protects both you and the police by providing an accurate record.
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, section 29
- Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2015, Code C, paragraph 3.21
- Police and Criminal Evidence Act 1984, section 58
- Criminal Justice and Public Order Act 1994, section 34
- Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2015, Code E, paragraph 3.1