Voluntary Police Interviews – An Overview

Is a ‘voluntary interview’ less formal? 

“Voluntary” does not mean informal or off the record. On the contrary, the interview will be conducted under caution and recorded and anything you say (or choose not to say) can be used as evidence in a criminal investigation or later in court. Police are interviewing you because they suspect you may have committed an offence, so they are gathering evidence. The same rules and safeguards apply as if you were arrested, for example, your right to remain silent and right to legal representation are exactly the same. 

Going in for a voluntary interview does not mean you have a criminal record or that you will definitely be charged. It’s simply a part of the investigation process. A voluntary interview is essentially the police questioning a suspect with consent rather than under arrest.  Understanding this context should help you take it seriously and prepare accordingly. 

Why might the police invite someone to a voluntary interview? 

Police might choose a voluntary interview instead of an arrest for several reasons, usually related to the circumstances of the investigation and the level of urgency or risk involved. 

If the police do not feel it’s necessary to place you in custody to secure and seize evidence or prevent interference with the investigation, they may opt for a voluntary interview. For example, if there’s no risk you’ll destroy evidence, tamper with witnesses, or pose a danger, and they don’t need to impose instant bail conditions (like restricting contact with someone), a scheduled voluntary interview may be preferable.

Can a voluntary interview be scheduled for my convenience?

Voluntary interviews can often be arranged at a mutually convenient time and date. You might receive a phone call or letter asking you to attend on a certain day; often, you can negotiate the timing so you can, for instance, sort out childcare or work commitments before attending. Officers may even come to your home to arrange the interview details in person. This flexibility is obviously not possible when you are arrested (which happens with no warning)

Although it’s still serious, a voluntary interview can be less traumatic than an arrest. You won’t be locked in a cell or handcuffed. For juveniles (people under 18) especially, current guidance in England and Wales encourages using voluntary interviews to avoid putting a child through the custody experience except as a last resort. Police forces recognise that keeping someone out of a custody suite can reduce stress, so if they can get the information they need without an arrest, they will do so. 

What if you refuse to attend a voluntary police interview?  

You do have the right to decline a voluntary interview, but it’s generally not advisable to refuse without consulting a solicitor first. If you don’t attend, the police will have to decide whether to drop the matter or to escalate it. In many cases, if you refuse, they may conclude it’s “necessary and proportionate” to arrest you to conduct the interview under arrest conditions. An arrest can be a far more distressing experience (and can result in you being held for some time in custody), so in most scenarios, if you’re invited, it’s better to attend voluntarily with a solicitor by your side. 

Do you need a solicitor for a voluntary interview? 

Absolutely yes. It is strongly recommended that you have a solicitor for a voluntary interview, just as you would if you were under arrest.  

Everyone has the right to legal advice when being questioned by the police. Even in a voluntary interview, the police are required to remind you of your right to have a solicitor present. If you don’t already have a solicitor, you can ask the police to arrange a duty solicitor at no cost to you. The duty solicitor is an independent lawyer (not part of the police) who is on call to assist suspects.  There’s really no good reason not to have a lawyer with you. 

A solicitor’s job in the interview is to protect your legal rights; ensuring you understand the questions, advising you when to answer or stay silent (“no comment”) and making sure police follow all proper procedures. Without a solicitor, you might inadvertently say something incriminating or fail to say something that could help you later.  Even the most confident, articulate person can benefit from legal guidance in a high-stakes interview. 

Often, officers might say things like “it’s just a chat” or give the impression that a solicitor isn’t necessary, perhaps to make you feel at ease. Don’t be misled. Any police interview is a formal procedure in a criminal investigation, and what you say (or don’t say) has consequences. Unfortunately, many people misunderstand a voluntary interview as something casual, when in fact it can result in charges just like an interview under arrest. 

Early advice can shape strategy

Ideally, you should speak to a solicitor before the interview to discuss the allegation and plan how to handle the questions. Olliers Solicitors and other firms can also request disclosure of information from the police in advance, meaning we try to find out what evidence or accusations the police have, before you walk into the interview room. You and your solicitor can decide if it’s best to answer questions directly, give a prepared statement, or remain mostly silent. Going in with a game plan significantly improves your position. 

Duty solicitor vs. private solicitor

As mentioned, a duty solicitor is free of charge and available if you don’t have your own representation. If you choose to instruct your own solicitor ahead of time, you often get the benefit of more personalised, extensive preparation. This could be on a legal aid or privately paid basis.  A privately funded solicitor can spend time with you before the interview, gather background, review any evidence and even meet you for a detailed consultation well in advance. Under legal aid/duty schemes, the solicitor’s pre-interview preparation time is limited (funding covers mainly the attendance itself). 

So, with a privately funded lawyer, there’s usually more opportunity to prepare thoroughly which can make you feel much more confident and less anxious on the day. Many clients tell us that having this preparation made the interview far less daunting. 

Always have a solicitor for a voluntary interview.  

It doesn’t make you look guilty; it makes you look sensible. As experienced criminal defence lawyers, we at Olliers stress that getting us involved early is the best way to protect your interests and possibly avoid charges altogether 

“The most important point is that you should never be interviewed by the police without a solicitor being present”.  

It’s advice we give to friends and family, and the same goes for you. 

Pre-interview consultation

If you’ve instructed your own solicitor ahead of time, you will likely have a meeting with them before the day of the interview. In this meeting, your solicitor will review any details known about the case, discuss your version of events or any relevant facts and advise you on how to approach the interview.  This preparation is invaluable – it’s normal to be nervous but talking it through with your lawyer will give you a clearer head. If your lawyer has received some disclosure (e.g., “police want to talk about an allegation on X date involving person Y”), you can form a strategy together. Sometimes, the strategy might be to give a short, prepared statement or to answer some questions and “no comment” others.  

Police station protocol 

Since you are not under arrest, when you arrive at the station you won’t be put in a cell. You’ll likely notify reception you have arrived, explain you’re there for a voluntary interview, and wait in a public waiting area or an interview room.  The officer(s) who will interview you will come meet you and your solicitor and then lead you to the interview room when ready. 

What is the role of an appropriate adult for youths or vulnerable individuals? 

If the person being interviewed is a child (under 18) or an adult with certain additional needs (often referred to as a vulnerable person), then an “appropriate adult” must be involved in the process by law. This is an important safeguard to ensure the interview is fair and understood by the person being interviewed. 

In England and Wales, anyone under 18 years old must have an appropriate adult present during a police interview (whether voluntary or under arrest). The police are responsible for arranging this. Typically, the appropriate adult is a parent or legal guardian. If a parent/guardian isn’t available or suitable, it could be another relative, a social worker or a trained volunteer from the local authority’s appropriate adult scheme. The key is that it’s someone independent of the police who is there to look out for the young person’s interests.  

The appropriate adult’s job is to support the young or vulnerable person and ensure they understand what is happening. They are not there to provide legal advice (that’s the solicitor’s role), but they can advise the person being interviewed in simple terms, make sure the person’s rights are respected and intervene if the person is confused or distressed. For instance, they can request a break if the interviewee is overwhelmed. They also make sure the police explain things properly. The appropriate adult can speak privately with the person before the interview to calm them and explain the process. During the interview, they might interject if questions are too rapid or complicated, asking the officer to rephrase in a way the child or vulnerable adult understands. They also ensure the individual isn’t bullied or misled. 

Are you a parent of a child who has  attend for voluntary interview? 

If your child is asked to attend a voluntary interview, it can be terrifying as a parent. At Olliers, we often speak directly with parents or guardians who reach out on behalf of a young person. We not only arrange legal representation but also guide the family through what to expect with the appropriate adult process. Sometimes a parent will act as the appropriate adult themselves; other times an outside appropriate adult might be used and the parent is just there for support. We make sure that the young client’s rights are safeguarded and that the appropriate adult and solicitor coordinate to protect the child’s welfare and legal interests. We’re always happy to involve parents in discussions (with the child’s consent) so that everyone understands what’s happening and feels reassured.  

What happens during a voluntary interview? 

Understanding the interview process itself can remove a lot of fear of the unknown. Here’s what typically happens during a voluntary police interview: 

Introduction and recording:  

You’ll be seated in an interview room. The police officers will introduce themselves by name and rank They’ll confirm who you are (asking for your name, date of birth and address). Then they will make it clear that the interview is being audio-recorded (sometimes video recorded as well) . Typically, they’ll mention the time and date for the record. 

Early in the interview, one of the officers will recite the police caution in full.  After giving the caution, they might ask “Do you understand?” or they might ask your solicitor to confirm that you’ve discussed it. If anything is unclear, your solicitor can clarify it for you. In plain terms, as a reminder: you don’t have to answer questions, but if you remain silent now and later in court present a defence you didn’t mention, the court could question your silence; and anything you do say now is recorded evidence. 

The officers will then start asking you about the incident or allegations. This can sometimes start with very open-ended questions (“Tell us in your own words about [incident]” or “Do you know why you’re here?”) or more specific ones (“Where were you on [date]?” or “We have a report that XYZ happened; what can you tell us about that?”). They may already have some evidence (like statements from others, CCTV, etc.) and will put those to you: e.g., “There’s CCTV of someone matching your description ; is that you?”

Throughout this your solicitor can step in if needed. Typically, the solicitor might interrupt if a question is unclear or improper, but generally they’ll let you answer or signal to you when you should not answer. One common strategy, if advised by your solicitor, is to reply “no comment” to many or all questions. If you’ve agreed on that strategy, you would simply repeat “no comment” to each question (aside from basic details like name and DOB). Your solicitor might have you give a short statement at the very start (before “no commenting”) to get your side in briefly, then advise you to stay quiet for detailed quetioning. Alternatively, if speaking is to your advantage, you will answer the questions and your solicitor mostly observes, only interjecting if necessary to protect you. 

Even though the police lead the interview, remember you can request a break at any time.  You have the right to consult your solicitor privately during the interview if you need advice on a particular question. The officers will pause the recording and leave the room to give you privacy. Use this if you’re unsure how to answer or if the solicitor signals it might be time for a consultation. 

How long does a voluntary interview last? 

Voluntary interviews can last anywhere from a few minutes to a couple of hours, depending on the complexity of the case and how talkative either side is. There may be breaks if it goes on a long time. The officers should remain professional; usually the tone is calm, they’re not intimidating like you might see in films. However, they might press you on inconsistent answers or reveal evidence to see your reaction. Stay as calm as possible. If you have a solicitor there, that alone often keeps the officers more measured, because they know procedures are being closely watched. 

When the officers have no further questions (or when you’ve maintained “no comment” to the end), they will conclude the interview. Often, they’ll ask if you want to say anything else or if there’s anything you want to add. If your solicitor thinks you should clarify something, this might be an opportunity. Otherwise, it’s fine to remain silent or say, “No, nothing further.” Then they’ll turn off the recorder, noting the time the interview ended.

Throughout the interview, having a solicitor next to you is a source of reassurance. They can’t answer for you, but just knowing they are there to protect your rights is a huge relief for most people.  At Olliers, our solicitors are skilled at guiding clients through every question – whether that means advising you to answer honestly or to exercise your right to silence. We make sure that no unfair tactics are used by the police and that you don’t inadvertently dig yourself into a hole.  

What happens after a voluntary interview? 

In most voluntary interview scenarios, you are free to go home afterward. Since you were not under arrest to begin with, usually the police will not detain you after the interview. So, you’ll walk out the way you came in. This is obviously a relief, but it doesn’t mean the case is finished.

After the interview the police (and possibly the Crown Prosecution Service) will continue to examine the evidence, possibly collect moreand decide what to do next. They might need to interview other witnesses, review forensic evidence, or consult with prosecutors. You will not be charged with an offence at the station on that day (in a voluntary interview scenario) because charging decisions take time and must meet certain thresholds. Instead, you leave without a definitive answer, essentially in limbo.  

No news is not necessarily good news. It’s important to understand that the investigation can take weeks or months after your interview. In some cases, if the matter is straightforward, you might hear back relatively quickly (for instance, the police might call you to say they’ve decided to take no further action, or in some cases, they might summon you to court if they decide to charge).  

But many people find themselves waiting a long time with no updates. This waiting period can be very stressful – you’re wondering if you’ll be charged or not. During this time, it’s normal to feel anxious, but it’s also a critical period where some constructive actions can be taken on your behalf. 

Will I be charged with an offence? 

Ultimately, the police (and CPS) will decide either to charge you with an offence or take no further action (NFA).  

They apply two main tests: 

1. Is there enough evidence for a realistic prospect of conviction? and  
2. Is it in the public interest to prosecute? 

If the answer to both is yes, they will charge; if either is no, they should not charge (which means No Further Action or sometimes an out of court disposal like a caution may be considered).  

Sometimes, after the initial interview, the police might come back to you (through your solicitor) with follow-up questions or even request a second interview. If significant new evidence arises, they might want to hear your response to it. You have the same rights in any further interview.  

Don’t just “wait and see” – be proactive: Many lawyers might tell a client after an interview, “Now we just have to wait for the police to get back to us.” While there is an element of waiting that can’t be avoided, at Olliers we strongly believe in being proactive during this post-interview phase. This is where pre-charge engagement comes in, an opportunity to actively influence the outcome before any charging decision is made. Rather than sitting anxiously by the phone for months, our team gets to work (with your input) to shape the narrative and present evidence that could prevent a charge altogether.  

What is pre-charge engagement and how does it work?  

Pre-charge engagement is a legal process that kicks in after the first police interview (when you’re under investigation but not charged). In simple terms, it’s a voluntary dialogue between the defence (you and your solicitor) and the investigators/prosecutors, aimed at shedding more light on the case before a charging decision is made. It’s an opportunity to influence the outcome: rather than passively waiting for the police/CPS to decide your fate, you (through your lawyers) actively provide additional information or evidence that could help your case. 

The core of pre-charge engagement is you (via your lawyer) providing evidence or lines of inquiry that support your defence. For instance, imagine you’re accused of something and there are text messages on your phone that prove your version of events – the police might not have seen those yet. Through pre-charge engagement, we can offer to share those messages with the police. Or perhaps there’s a witness who can vouch for you, whom the police didn’t know about; we can give their details to the police and even supply a statement from them. Other examples include handing over CCTV footage you obtained that clears you, suggesting a forensic test that could be done, or providing an expert report (maybe a medical or psychiatric report that contextualizes the allegation).  

By engaging at this stage, we aim to convince the police/CPS that the case should not proceed to court. As noted earlier, they need sufficient evidence and a public interest reason to charge. If we can show, for example, that the evidence is weak or that there’s strong exonerating material, we argue there’s “no realistic prospect of conviction” and thus no charge should be brought. 

Often the ideal outcome we seek is “no further action” (NFA), meaning the investigation is closed with no charges. In some cases, if no further action is unlikely but the case could be dealt with less severely, we might push for an out-of-court disposal, like a simple caution or a community resolution, as an alternative to prosecution. The overall objective is to resolve the matter early and avoid court proceedings. 

Olliers’ proactive approach 

Many criminal law firms do not emphasise pre-charge engagement; some lawyers might even tell clients “there’s nothing to do now but wait”. At Olliers, we fundamentally disagree with a passive approach. We’ve established a specialist pre-charge team that focuses on this stage of a case, and we have a strong track record of making successful representations that lead to no further action.  

Our ethos is “We don’t wait for events to unfold; we take control”. If your case is in that post-interview limbo, we will actively explore what can be done: gather evidence from you, draft detailed representations to the police/CPS and keep the dialogue open. Our lawyers often find that by engaging early, we can highlight weaknesses in the prosecution’s case or present new evidence they weren’t aware of and in many instances, this results in the investigation ending without any charge. We’ve saved numerous clients from the stress of being charged because of this work. By being proactive, we aim to secure the best possible outcome, ideally stopping a prosecution before it starts.  

Olliers Solicitors – specialist voluntary interview solicitors 

Facing a voluntary police interview can be daunting, but with the right knowledge and support, you can navigate it confidently. Remember, “voluntary” doesn’t mean informal;  take it seriously, exercise your rights and prepare ahead of time.   

At Olliers Solicitors, our approach is compassionate and proactive. We aim to reassure our clients and their families at every step. From the moment you’re invited to an interview, through the police station process, and in the crucial aftermath, we stand by your side, offering expert advice and robust representation. Our team has guided countless clients through voluntary interviews, ensuring they are well-prepared, their rights are protected, and that the best possible outcome is achieved, often without any charges being brought. If you or a loved one are in this situation, don’t hesitate to seek legal advice. With the right help, a voluntary interview is a challenge you can meet with confidence.  

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), email info@olliers.com or complete the enqiury form below to arrange representation.