Voluntary Police Interviews – What You Need to Know

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Being asked to attend a voluntary police interview can feel less serious than being arrested, but it is important to understand that the consequences can be just as significant. Even though you are not under arrest, you are still a suspect, and the interview is a formal part of a criminal investigation.

A voluntary interview—sometimes referred to as a "Caution Plus 3" interview—means you attend by arrangement rather than under arrest. However, the interview is still conducted under caution, and anything you say may later be used in evidence. These interviews are governed by the Police and Criminal Evidence Act (PACE), and legal advice is just as essential as it would be in a custody situation.

Why the Police May Invite You to a Voluntary Interview

The police may ask you to attend voluntarily if:

• They suspect you have committed a criminal offence.

• They are investigating a matter where arrest is not immediately deemed necessary.

• They need to gather evidence through questioning.

• The offence they are investigating is considered low level.

It’s important not to assume the matter is minor. Voluntary interviews are routinely used in serious cases, including allegations of historical sexual offences, fraud, assault, drug offences, and theft.

Should You Attend?

Yes. Declining to attend may lead to arrest, which brings additional implications such as detention, collection of biometric data (fingerprints, DNA, photographs), and possible bail restrictions. Attending voluntarily can offer a more controlled environment—but only if you are fully informed and properly advised.

The Importance of Legal Representation

Many individuals believe that if they are innocent or have nothing to hide, they do not need a solicitor. This is a naïve way of thinking. Without legal representation, you may misunderstand the allegations, inadvertently make damaging admissions, or fail to raise key legal issues. Also, having legal representation changes the dynamic for the benefit of the suspect.

A solicitor can:

• Clarify the exact nature of the allegations.

• Request disclosure of the evidence the police hold.

• Advise you on whether to answer questions or provide a written statement to advance a defence.

• Ensure your rights are protected throughout the process.

• Make representations where necessary about how the interview proceeds.

Legal Aid or Private Representation?

All suspects are entitled to free legal advice at the police station, including during voluntary interviews. However, those relying on Legal Aid may find that the time and attention given to their case is limited due to high workloads and restricted resources.

At Kelly Blake Legal, we do not undertake Legal Aid work as we wish to ensure we can focus on providing high levels of service to every client.

What Happens After the Interview?

Following the interview, the police will review the case and decide how to proceed. Possible outcomes include:

No Further Action – The case is closed with no further police involvement.

Released Under Investigation (RUI) – You remain a suspect while the investigation continues.

Bail – You are released with or without conditions, while enquiries continue.

Charge – You are formally accused of an offence and must attend court.

Caution – For low-level offences where a full admission has been made, the police may issue a formal caution. This avoids prosecution but remains on record.

Each of these outcomes carries legal and practical implications. It is important to have a clear understanding of what they mean and what steps to take next.

When considering legal representation, it's important to think beyond the immediate situation and reflect on the wider impact—particularly on your personal and professional reputation. The decisions you make at the early stages of a criminal investigation can shape the course of your case and, ultimately, your future. Investing in private legal representation is not just about legal advice; it’s about ensuring you are supported by someone who has the time, expertise, and focus to protect what matters most to you. Your reputation is not something to leave to chance.

If you are invited to attend a voluntary police interview, take the matter seriously. Speak to a legal professional before answering any questions. Please complete our contact page to make an enquiry via our form.


 
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I exercised my right to silence. Did I do the right thing?

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Arrested – What happens next?