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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

Sources

  1. Police and Criminal Evidence Act 1984 (PACE) s.58 (right to legal advice)—https://www.legislation.gov.uk/ukpga/1984/60/section/58
  2. Home Office: PACE Code C (December 2023) – detention, treatment and questioning (PDF)—https://www.gov.uk/government/publications/pace-code-c-2023
  3. 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

General information only — not legal advice. While every care is taken to ensure what is stated is accurate and reflects current law and official guidance, errors may occur and the law changes. Do not rely on this page instead of advice from a qualified solicitor about your own situation. Legal services are provided through Tuckers Solicitors LLP (SRA ID: 127795) where applicable. If you believe something on this page is incorrect, please contact us and say you are reporting a content error.

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