Being asked to attend a voluntary police interview can feel overwhelming. You might be wondering why you’ve been invited, and worried about what comes next. That's understandable - many people find themselves in your situation, and go through the same mix of emotions. While the word "voluntary" might make it sound informal, these interviews are an important part of police investigations. It can be easy to assume the police resort to voluntary interviews when there’s a lack of solid evidence. However, as we’ll show you, this isn’t always the case.

In this blog post, the expert criminal defence solicitors at Tyler Hoffman will explain why and when the police will offer voluntary interviews, whether you should attend, and why you need legal support at once in these cases.

What Is a Voluntary Police Interview?

A voluntary police interview is an opportunity for police to speak with someone they believe may have information about an alleged offence. If you’re invited to a voluntary interview, you can choose whether to attend. You are not under arrest and can leave at any time. However, during the interview, you will be under caution, meaning anything you say can be used as evidence.

It also doesn’t mean that you will be charged with a criminal offence, as you may be invited to a voluntary interview as a witness or another interested party. However, there is often a risk of saying something incriminating, so it’s best to have a solicitor represent you during these interviews no matter your relationship to the investigation.

Does a Voluntary Police Interview Mean There Isn’t Enough Evidence to Arrest You?

Sometimes it’s the case that you are invited to a voluntary interview (rather than an interview under caution or a compelled interview) because there is not enough evidence to arrest you, but not always. The police may believe you have relevant information they need to move an investigation forward, even if they don’t yet have enough to formally accuse you of anything.

They may already have enough information to charge you, but still want to seek clarification, or your version of events, before they make a decision. It’s hard to know exactly what information the police have. This is why assuming their case against you is weak can be a mistake, and working with a solicitor in deciding whether or not to attend is vital.

What Happens During a Voluntary Police Interview?

The process begins with the police contacting you to arrange a time and location for the interview, often at a local police station. Before the interview starts, you will be cautioned, and reminded that you are not under arrest and are free to leave.

The interview itself will be recorded and conducted in a formal setting. Police officers will ask questions about the alleged offence, and your responses will be documented. You have the right to have a solicitor present throughout the interview. If you are under 18 or considered vulnerable, an appropriate adult must also attend.

Do You Need a Solicitor for a Voluntary Interview?

Even if the police describe it as an informal chat, you still need an experienced criminal defence solicitor by your side. Because it’s a formal part of their investigation, and what you say can be used as evidence, it’s important to prepare for certain questions and answers ahead of time. Misunderstanding a question or offering too much information could seriously affect the outcome of your case.

Before the interview, your solicitor can request disclosure from the police. This means they’ll access key details about the allegations and investigation that you wouldn’t be given directly. Without this information, you’d be heading into the interview without knowing what you’re facing.

Your solicitor will use that information to explain the situation clearly, help you understand what the police are trying to establish and prepare you for the questions you may be asked. They’ll make sure you don’t inadvertently harm your position and will protect your rights throughout.

Can You Refuse to Attend a Voluntary Police Interview?

You have the right to decline an invitation to a voluntary interview. However, refusing to attend doesn’t mean the matter will end. Depending on the evidence they have, the police may decide to interview you under arrest instead.

Will I Be Arrested After a Voluntary Police Interview?

There is sometimes the possibility that you will be arrested after your interview. This will be influenced by the information you provide, and the nature of the police's investigation. It is a possibility if the police believe they have gathered enough evidence to warrant further action. As such, it is important to be prepared.

It can help to know that you have an expert solicitor working on your behalf, who will already have begun to work on your defence. This can help to deliver the best possible outcome no matter what actions the police decide to take.

What Should You Do If Asked to Attend a Voluntary Police Interview?

Contact the Tyler Hoffman team immediately. We'll review details of your case, help you understand the implications and prepare you for the kinds of questions you may face. During this time you should try and stay calm, and avoid discussing details of the case with anyone other than your solicitor. A voluntary police interview can be a stressful experience, but Tyler Hoffman Solicitors is here to help.

While being invited to an interview doesn’t necessarily mean the police have enough evidence for an arrest, it is still a critical part of their investigation. How you approach this process will make a big difference to your outcome - even if you are just a witness or interested party.

Our specialist team offers legal advice and representation across the whole process, from the moment you call us. Tyler Hoffman’s criminal defence experts have lots of experience with voluntary interviews, including those that lead to more complicated legal proceedings, and can provide the legal assistance you need.