Lawyers for voluntary police interviews under caution
Olliers Solicitors specialise in representation at the police station for all manner of criminal offences. Essentially there are two ways that the police can choose to interview someone suspected of involvement in a criminal allegation.
It is preferable if the police seek to deal by way of a voluntary interview. This would mean the police contacting an individual and organising a time and date in advance to attend at the police station. Disclosure is usually provided to a solicitor provided beforehand and the appointment could suit all schedules. In addition, the police power to take fingerprints, photographs and DNA is significantly inhibited when interviewing suspects voluntarily. During voluntary interview suspects are routinely asked to consent to a number of similar intrusions. It is important you are advised properly, specifically with regard to the particular circumstances of your own case.
Olliers lead the field in voluntary police interviews. From the outset of the change in legislation, our solicitors have published relevant articles and have provided training workshops to others.
We also specialise in making pre-charging representations. Click here to read our article on why pre-charge representations are a crucial tool in avoiding prosecution.
Interview under arrest
In many cases the police arrest and interview an individual at a custody suite. This may because they have a concern re preservation of evidence i.e. they want to conduct a house search or want to request bail conditions following the interview, for example, in relation to non- contact with the complainant.
What is a voluntary police interview?
A voluntary police interview or interview under caution is a formal conversation with police that more often than not takes place at a police station. You do not have to attend and you can leave at any time once the interview has begun. However failure to attend or leaving during the course of the interview could result in you being arrested.
While a voluntary interview might be conducted in a less formal way than an interview under arrest, the interview will still be recorded and anything you say can potentially be used against you in any criminal proceedings. You still have the right to a solicitor during an interview under caution and, once you have requested a solicitor, the police officers must not ask you any questions in relation to the allegation until your solicitor has arrived.
Do I still need a solicitor for a voluntary interview?
Yes. Whilst there is no suggestion of any deliberate malpractice by the police, there is an obvious danger that those requested to attend such interviews, by virtue of their informal nature, do not necessarily appreciate the seriousness of their position. Indeed, many may not even appreciate they are ‘suspects’ in criminal proceedings. Significantly, offences that previously would have been dealt with by arrest and detention in a police station are now routinely dealt with by way of a voluntary interview often, perhaps unwittingly, lulling a suspect into a false sense of security.
Can I refuse a voluntary police interview?
Yes you can refuse to attend a voluntary police interview. However, this could lead the police to considering it is both ‘necessary’ and ‘proportionate’ to arrest you in order to interview you whilst under arrest in a police station.
What are my options for a solicitor at the police station?
There are a number of options for legal representations at the police station. The most important point is that you should never be interviewed by the police without a solicitor being present. Sometimes the police may suggest they need to ‘have a chat’ with you or simply take your account which can make it appear as though is is a relatively informal process and a solicitor is not required. This is not the case. An interview is a formal procedure as part of a criminal investigation and can result in aan individual being prosecuted for a criminal offence.
The police can arrange for a duty solicitor to attend. This is free of charge and independent from the police. Alternatively you can arrange for your own solicitor to attend – this may be on a legally aided basis or on a privately funded basis.
As with any criminal investigation, those suspected of offending will benefit from early legal representation. Not only is a solicitor able to liaise with the officer dealing with a case to facilitate an interview at a time convenient to all but is, more often that not, able to obtain some advance disclosure of the particulars of the allegation and therefore arrange a meaningful conference prior to attendance at the police station, often providing the upper hand.
What is the benefit to instructing a solicitor on a privately funded basis?
Legal aid funding is relatively limited and does not fund work to be conducted prior to an interview under caution. You may wish to discuss the allegation against you and be advised in relation to the strategy to be adopted during interview in advance. You may have no prior knowledge and experience of the criminal justice system and require additional support. You may have documentary evidence which you feel would assist your defence and wish to provide this to your legal team in advance to discuss whether or not to disclose this to the instructing solicitor.
At Olliers we specialise in representing individuals at voluntary interviews and understand that many clients wish to prepare meticulously for an interview.
Watch Ruth Peters discuss the importance of instructing a solicitor prior to a voluntary police interview at the earliest possible opportunity:
A voluntary interview is a process whereby the police will interview a suspect away from a custody suite and an individual is free to leave the police station at any point.
If an individual chooses not to attend a voluntary interview then the police will need to make a decision as to what steps to take next. They will need to consider whether it is reasonable and proportionate to arrest an individual for the purposes of conducting an interview and so in some cases, it may well be preferable to attend a voluntary interview.
Essentially, there are two ways where the police can choose to interview a suspect. The police can arrest an individual and then interview them at a custody suite where they are not free to leave the police station, following the interview they will make a decision as to whether to release that suspect or not. A voluntary interview is an interview at a scheduled date and time where an individual will attend at the police station, be interviewed, and then leave the police station.
It is always crucial that individuals being interviewed by the police have a solicitor and take legal advice I would always advise and that an individual has a solicitor for a voluntary police interview.
There are a number of different options for legal representation at a voluntary police interview. You could ask the police to organize a duty solicitor for you, this would be free of charge and the duty solicitor would attend at the arranged date and time. Alternatively you could instruct your own solicitor, this could either be on a legal aid basis or on a privately funded basis. And again, they would attend the interview with you and will be able to liaise with you prior to the interview.
When any individual is interviewed by the police, they will be cautioned the caution is firstly, you do not have to say anything, however it may harm your defence if you do not mention when questioned something you later rely on, and finally anything you do say may be given in evidence. Very simply this means that you aren’t required to answer the questions by the police, often people say no comment or remain in silence. However, if you fail to mention something which may later be raised as a defence, for example you have an alibi defence, if you don’t mention it during the police interview and the matter then proceeds to court, the court may believe your evidence less. And finally, the interview is being recorded so anything you say can be provided as evidence.
After a voluntary interview a suspect is free to leave the police station. Sometimes the police will choose to take no further action at that stage. However, in the vast majority of cases the investigation will continue, the police will have further investigative work to undertake for example interviewing witnesses in relation to the allegation.
The benefit of privately instructing a solicitor for a voluntary interview is that we can meet with you prior to the interview, whether in person or on a remote basis, and discuss the allegation with you, we can request the disclosure from the police, essentially from an evidential basis and what information the police have in relation to the allegation against you, and we can discuss the strategy for the interview and decide upon that prior to the interview itself. For many clients this provides a level of reassurance that when they attend at the interview they know what they’re going to be doing. Also we can consider any defence evidence you may wish to put forward and decide how best to utilise that. Essentially, we can prepare as fully as possible for the interview which can only be to your benefit.
At Olliers, we are frequently instructed by clients who have used the services of the duty solicitor for a voluntary interview, but then, wish to deal with the investigation in a much more proactive manner.
What questions are asked during a voluntary police interview?
At the start of the interview, the police should tell you:
- The names of the police officers
- That the interview is being recorded
- The purpose of the interview
- That you can choose to end the interview at any point
- That you do not have to say anything
- That anything you do say can be used against you
- That you have the right to legal representation
- You should be formally cautioned – if this does not happen, then anything you say during the interview may potentially be considered inadmissible
They will then ask you questions in relation to the allegation they are investigating.
What is the caution given during interview?
“You do not have to say anything but it may harm your defence if you fail to mention now something that you may later rely on in court. Anything you do say may be given in evidence”
This caution will be put to a voluntary interviewee prior to the commencement of the interview, a person under arrest will have already been cautioned when arrested and will be cautioned once again at the interview stage. The police caution is extremely important and should be thoroughly explained both by the solicitor representing and the interviewing officer.
It is generally broken down into 3 parts.
You do not have to say anything
Put simply, the person subject to the police interview cannot be forced to respond to the interviewing officer’s questions and can, if they wish, make no comment throughout.
But it may harm your defence if you fail to mention something that you may later rely on in court
This is the most important of the three sections of the police caution.
Anything you do say may be given in evidence
The interview will be audio recorded and in certain circumstances will also be video recorded. If the case were to proceed to court, the recording can be referred to during the proceedings.
Representation should always be requested regardless of the weight of evidence or the innocence of the interviewee so that they can receive proper and considered advice prior and throughout the course of the police interview.
What to do if someone under 18 is invited to a voluntary police interview?
If someone under the age of 18 (or a vulnerable adult) is invited to a police interview under caution, then an appropriate adult must be present during the interview. The appropriate adult will usually be the parent, guardian or social worker of the young person or vulnerable person although the police are able to arrange other appropriate adults where this is required.
What happens after a voluntary police interview?
Following a voluntary police interview under caution most people are to leave the police station and very often the investigation continues. If you are told that you will be reported for a charge to be considered against you, you may need to supply your fingerprints, DNA sample and photograph.
You could also requested to consent to taking part in an identification process, or voluntarily surrender items such as an electronic device for forensics analysis.
For you to be prosecuted the police /Crown Prosecution Service need to be satisfied that firstly there is a realistic prospect of a conviction based upon the evidence. Secondly, a prosecution has to be in the public interest. In cases of this nature, lawyers often advise clients that following interview there is nothing that can be done until the investigation is concluded, in other words, it is a waiting game.
We disagree with this approach and prefer to take a pro-active approach. This is a crucial time for you and there are a number of steps that can be undertaken by both client and legal team at this stage which will make a significant difference to the ultimate conclusion of your case.
The notion of pre-charge engagement between investigators and the defence is not new. The pre-charge team at Olliers is known for its proactive approach in criminal investigations. We place great emphasis on bringing cases to an early conclusion, without a client having to face the stress, trauma and cost of court proceedings.
Voluntary Police Interviews
Click here to read our article on why a solicitor is still required for a voluntary police interview.
Click here to find out more about funding legal representation for a police interview under caution.
Some frequently asked questions
If you have been released under investigation, it means that you have been released from police custody without charge but the investigation the matter that you were arrested for is still ongoing. You have no bail conditions or date to attend the police station but you may, eventually, still be charged with an offence.
There is no time limit for being under released investigation by the police. You will know that you are no longer ‘released under investigation’ if you receive a notice of no further action or alternatively a notice that you are to be charged with an offence. A solicitor may be able to assist you with making enquires with the police as to the progress of their investigation and/or make representations that you should not be charged.
An interview under caution, also known as a suspect interview, is an interview carried out by the police with someone they suspect of committing crime. The interview can take place under arrest or voluntarily by appointment. An interview under caution is recorded and the recording can be used in court as evidence.
There is no set list of police bail conditions and but they often include a residence condition, a ‘non-contact’ condition, a curfew, or a ‘do not attend’ a certain area condition. The bail conditions that the police impose will vary on a case-by-case basis. Suspects released from the police station without being charged should only be placed on bail if it is deemed to be necessary and proportionate. Bail conditions should only be imposed if: there is a risk of a suspect committing further offences or failing to surrender to custody; to prevent the suspect being a threat to the public; to prevent suspect interfering with an investigation or witnesses; or for the suspects own protection. A solicitor can assist with asking the police to vary bail conditions. If this fails, an application to the magistrates court requesting variation or discharge of the bail conditions can be made.
We would always advise that you have a solicitor for a voluntary police interview. The police will provide your solicitor with disclosure in relation to the allegation and advise on the strength of the evidence. We can then advise on the best way to proceed during the interview dependant on the evidence and your instructions.
After a voluntary police interview the police are likely to continue to investigate the allegation or report you for summons. A decision will then be taken as to whether you should face prosecution depending on what you have said during your police interview and the evidence itself.
Need a criminal lawyer to attend a voluntary police interview with you?
For immediate representation for a voluntary police interview, please do not hesitate to get in touch. Olliers Solicitors have significant expertise in representation at the police station for criminal allegations.
As with any criminal investigation, those suspected of an offence will benefit from early representation, particularly for voluntary police interviews. When a police interview is being dealt with voluntarily we are able to liaise with the officer dealing with a case to facilitate an interview at a time convenient to all and, more often than not, obtain advance disclosure of the particulars of the allegation and therefore arrange a meaningful conference prior to attendance at the police station, often providing the upper hand.
If you have been contacted by the police to attend a voluntary interview please contact us on 0161 8341515 (Manchester) or 020 3883 6790 (London) or email info@olliers.com to arrange representation.
