The risks of a “voluntary” police interview
A voluntary interview is still a formal interview process. Get advice on your specific case before attending.
Quick Answer: You have a right to legal advice (PACE s.58).[1] Interview rules are governed by PACE Code C.[2] Silence can carry risks in some circumstances under CJPOA 1994 s.34.[3]
What to do before you go
- Ask for a solicitor and take advice before the interview (PACE s.58).[1]
- Ask what the allegation is and what evidence will be put to you.
- Do not guess or try to “clear it up” without advice—interviews are recorded and can be used in evidence (Code C and the interview recording codes).[2]
Related guides
- What happens if you ignore a police interview invitation
- Police interview rights (PACE Code C)
- No comment interview (risks and strategy)
Sources
- Police and Criminal Evidence Act 1984 (PACE) s.58 (right to legal advice)—https://www.legislation.gov.uk/ukpga/1984/60/section/58
- Home Office: PACE Code C (December 2023) – detention, treatment and questioning (PDF)—https://www.gov.uk/government/publications/pace-code-c-2023
- Criminal Justice and Public Order Act 1994 s.34 (adverse inferences from silence in certain circumstances)—https://www.legislation.gov.uk/ukpga/1994/33/section/34
Note: UK legislation changes. If something is urgent or unclear, get advice for your specific situation.