Voluntary Police Interview - What to Do When Police Call You for an Interview
In the UK, being contacted by the police for an interview can be an unsettling experience. Whether you're invited for a voluntary interview or called in as part of an investigation, the situation can raise many concerns. What’s important is understanding your rights, knowing the legal framework surrounding police interviews, and how best to navigate the process without jeopardizing your position.
This guide will walk you through what to expect during a police interview in the UK, common problems people face, the potential consequences of not being adequately prepared, and practical solutions, including how Moeen & Co. Solicitors can assist you.
Table of Contents
Identifying the Issues
1. Understanding Different Types of Police Interviews
In the UK, police interviews can be classified into two main types:
· Voluntary Interviews: The police may invite you for an interview, but you aren’t under arrest. While voluntary, these interviews can still be critical and what you say can be used in court. Many people don’t realise the seriousness of these interviews because of the voluntary nature and might feel less pressured to seek legal advice, which can lead to negative consequences later.
· Formal Interviews Under Caution: If you're arrested, the police must caution you before questioning. The caution reads: “You do not have to say anything, but it may harm your defence if you do not mention something which you later rely on in court. Anything you do say may be given in evidence.” The caution itself can be daunting and makes it clear that the stakes are high. There are many more powers the police officers are granted under PACE 1984 when a person is detained/arrested for a formal interview.
Common Issue: People often don’t understand the difference between these interview types and fail to recognize that both can lead to legal consequences. They may not appreciate that police have no obligation to disclose whether they see them as witnesses or suspects before the interview.
2. Not Having Legal Representation
Another major issue people face is going into a police interview without legal representation. In the UK, everyone has the right to free legal advice during police interviews, but many people waive this right, thinking they don’t need a solicitor if they’ve done nothing wrong. This assumption can be risky, as interviews can become legally complex very quickly.
Without a solicitor, you may:
· Misinterpret questions or fail to understand the legal significance of your answers.
· Not knowing when you should remain silent or how to exercise your rights to avoid self-incrimination.
· Feel pressured to provide more information than necessary.
· You will most likely not be advised on the offence (s), its elements, the strength of evidence, or sentencing guidelines.
· In some cases, you may have a defence or explanation for the offence under investigation, but one can make admissions or confessions for another offence without knowing.
Common Issue: Many people don't realise that even if they’re innocent, the way they answer questions or the information they provide can be used against them in unexpected ways.
3. Feeling Intimidated or Pressured
Police officers are trained to extract information, and even in voluntary interviews, the atmosphere can be intimidating. Many individuals feel they must fully cooperate, fearing that being uncooperative or saying "no comment" might worsen their situation.
Under UK law, suspects or witnesses are not required to answer every question. However, this is not always clear during the interview process, and individuals may not know when it’s appropriate to exercise their right to silence. The fear of being seen as unhelpful can unknowingly push individuals into providing incriminating information.
Common Issue: The pressure to answer questions during an interview can lead to providing information that the police wouldn’t have had otherwise, which could lead to complications in legal proceedings.
4. Misunderstanding the "Right to Silence"
The right to remain silent can be one of your most important legal tools in a police interview. However, many individuals in the UK misunderstand how and when to use this right. While the police caution makes it clear that not mentioning something at the time of questioning could harm your defence later in court, remaining silent inappropriately could also raise suspicion.
It is essential to have proper legal advice on how to use the right to silence strategically. Knowing when to say "no comment" or when to provide limited answers through a prepared statement can protect you, but without legal guidance, people might make poor decisions in this regard.
Common Issue: Misusing the right to silence can lead to further suspicion or, conversely, can fail to protect you from making incriminating statements.
5. Not Knowing What to Expect
Many individuals do not know what to expect from a police interview. They may believe that it’s just an informal conversation, when in fact, it’s a formal legal process. This lack of preparation often leads to mistakes such as providing too much detail, not asking for breaks, or agreeing to interviews without proper preparation.
Common Issue: Failing to recognise the seriousness of a police interview can lead to unintended consequences, including making statements that may be used in future legal actions.
Voluntary Police Interviews and Criminal Records: What You Need to Know
Consequences of These Issues
1. Risk of Self-Incrimination
In police interviews, particularly for suspects, the most significant risk is self-incrimination. The answers you provide during questioning can be used against you in court. Even innocent remarks or omissions can later be interpreted as signs of guilt, particularly if taken out of context.
2. Increased Likelihood of being Charged with offences.
Without proper preparation or legal representation, what you say during an interview could lead to criminal charges being brought against you. A seemingly innocent admission or inconsistency could be used by the police to build a case. Once an individual has been charged, defending can become more complex, stressful and costly.
3. Impact on Future Legal Defence
If you provide conflicting information or fail to clarify your position during the interview, this can harm your defence should the matter go to court. Prosecution teams can use inconsistencies in your statements as a way to undermine your credibility.
4. Emotional and Psychological Stress
A police interview can be a highly stressful event. The emotional toll of facing questioning from the authorities can affect your ability to think clearly, potentially leading to rash or unwise decisions. The stress of an ongoing investigation can also affect your work, family life, and mental well-being.
Solutions and How Moeen & Co. Solicitors Can Help
At Moeen & Co. Solicitors, we understand how daunting a police interview can be. Our team is here to help you prepare for any type of police questioning, ensuring that your rights are fully protected, and providing the legal guidance you need to avoid unintended consequences.
1. Pre-Interview Legal Advice
Before you attend a police interview, it is crucial to consult a solicitor. Moeen & Co. Solicitors provide expert pre-interview legal consultations to help you understand your rights and prepare you for the interview process. We will review the case details with you, advise on how to respond to different types of questioning, and explain the risks of each approach.
2. Representation During the Interview
Having a solicitor present during your police interview is one of the best ways to ensure your legal rights are protected. Our solicitors will attend the interview with you, ensuring that any questions asked by the police are appropriate and that your responses do not lead to unnecessary complications. We will also intervene if any improper questioning techniques are used.
3. Post-Interview Support
After the interview, Moeen & Co. Solicitors will review everything that was discussed and provide a comprehensive assessment of what to expect next. We will help you understand the potential consequences of the interview, whether it leads to further questioning, investigation, or court proceedings.
4. Guidance on Using the Right to Silence
Understanding how and when to use the right to silence is essential for protecting yourself during a police interview. Our team will help you decide when it is best to remain silent and when to provide answers, ensuring that you do not unintentionally incriminate yourself.
5. Pre-Charge Engagement
Even after the interview, you can provide police with further evidence or a line of enquires to explore.
There are several ways to contact our solicitors based in Hayes, London:
- Phone - Call us on 0203 959 7755
- Email us - info@moeenco.com
- Online - Fill in our online enquiry form
- Visit our office - Room 1, The Winning Box, 27-37 Station Road, Hayes UB3 4DX
We are located near Hayes and Harlington Station on Hayes High Street, in Hayes Town Centre.
FAQs
1. Can I refuse to attend a voluntary police interview?
Yes, you can refuse to attend a voluntary interview, but it may result in the police taking more formal steps, such as arresting you for questioning. It’s best to consult with a solicitor before making any decisions.
2. Should I answer every question during a police interview?
Not necessarily. You have the right to remain silent, and in some cases, it may be better to say "no comment." A solicitor can advise you on when it’s in your best interest to answer and when to remain silent.
3. What happens if I make a mistake in a police interview?
Mistakes in police interviews can be problematic, especially if they lead to self-incrimination or inconsistencies. Having a solicitor present ensures that you are protected from such errors.
4. Can I have a solicitor for a voluntary interview?
Yes, even in a voluntary interview, you have the right to legal representation, and it's highly recommended that you have a solicitor present. You are eligible for free representation. You can opt for a duty solicitor at the police station or instruct your own solicitor.
5. Can I stop the interview at any time?
Yes, you can stop a police interview at any time and request a break or legal advice. You should never feel pressured to continue if you feel the need for further consultation or are unsure about the process.
Legal Disclaimer
The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.