Voluntary Police Interview for Assault

A voluntary police interview for assault is a formal interview where you are asked to attend the police station to discuss an allegation without being arrested.

Many people assume that because the word "voluntary" is used, the situation isn't serious. However, that's not the case. A voluntary police interview is a formal part of a criminal investigation, and what happens during it can have lasting consequences.

Always get legal advice before attending a voluntary interview. A solicitor can make sure you understand your rights and help you navigate the process in the safest possible way.

If you've been invited to a voluntary police interview for assault, call our criminal defence solicitors at 0203 959 7755 to guide you through every stage.

Table of Contents

What is a voluntary police interview for assault?

A voluntary police interview is when the police invite you to come to the station to answer questions about an alleged assault, but you are not under arrest.

You can leave the interview anytime; however, before the interview starts, you will be placed under caution, meaning anything you say can be used as evidence in court.

Even though you're attending voluntarily, the process is formal and recorded. The police treat these interviews very seriously, and so should you.

Even though it's called "voluntary," the situation is serious, and having an experienced criminal defence solicitor by your side is highly recommended.

If you are facing a voluntary police interview for assault, contact Moeen & Co. Solicitors now at 0203 959 7755 for clear, professional advice and guidance.

Why have I been asked to attend a voluntary interview?

The police might invite you for a voluntary interview if:

• You are suspected of being involved in an assault
• You may have important information related to an assault case
• They are gathering evidence and need your version of events

It's important to remember that being asked to attend doesn't automatically mean you will be charged. It is part of the police investigation process.

Do I have to attend a voluntary police interview for assault?

You are not legally required to attend a voluntary interview for assault, but refusing could lead the police to arrest you to secure your interview. It's usually better to cooperate with the assistance of a criminal defence solicitor who can guide and protect you throughout the process.

Can I be charged after a voluntary police interview for assault?

Yes, you can. Even if you attend voluntarily and aren't arrested, the police can still decide to charge you after the interview if they believe there is enough evidence against you. This is why it's important to have a criminal defence solicitor present to help protect your legal rights during the interview.

Should I have a solicitor present at a voluntary police interview for assault?

Absolutely. It's highly recommended to have a solicitor present during your voluntary interview. They help you understand the process, explain your options, and make sure you don't say anything that could harm your case.

What happens during a voluntary police interview for assault?

During the interview, you will be cautioned and asked questions about the alleged assault. The interview will be recorded, and anything you say may later be used as evidence. You are allowed breaks, can ask for legal advice, and can leave at any point if you choose to.

Key Things to Know About Voluntary Police Interviews for Assault:

1. Formal Process
2. Risk of Arrest
3. Use of Evidence
4. Importance of Having a Solicitor
5. Recording of the Interview
6. Why You've Been Invited
7. Possible Outcomes

1. Formal Process

You'll be interviewed under caution, meaning the police will advise you that you don't have to say anything. However, if you later rely on something in court that you didn't mention in the interview, it could damage your defence.

2. Risk of Arrest

Although you attend the interview voluntarily, the police do have the power to arrest you during or after the interview if new evidence comes to light.

3. Use of Evidence

Anything you say and even what you choose not to say can be used against you in court. It's vital to think carefully before answering any questions.

4. Importance of Having a Solicitor

A solicitor can help protect your rights, advise you on the strength of the evidence against you, and guide you on what to say (or not say) during the interview.

5. Recording of the Interview

Your interview will be recorded, and any notes taken can also be used as evidence in future proceedings.

6. Why You've Been Invited

The police may ask you to attend a voluntary interview if they suspect you of involvement or believe you have information that could help their investigation.

7. Possible Outcomes

After the interview, the police might decide to issue a caution, charge you with an offence, or drop the matter entirely.

How long does a voluntary police interview for assault usually take?

Most voluntary police interviews typically last between 1 to 2 hours, but the time can vary depending on the complexity of the case and the number of questions. Remember, you are entitled to breaks during longer interviews.

What happens after a voluntary police interview for assault?

After the interview, the police will decide whether to take no further action, release you under investigation, issue a caution, or charge you with the offence. The decision depends on the evidence gathered during the investigation.

Once the voluntary police interview is over, the police will review all the information gathered and decide on the next steps.

Here are the possible outcomes after a voluntary interview:

1. No Further Action (NFA)
2. Release Under Investigation (RUI)
3. Formal Caution
4. Charged and Court Proceedings
5. Further Investigation

No Further Action (NFA)

The case might be dropped if there's not enough evidence or if it's clear you weren't involved. Note: Even with an NFA, records of the interview may still be kept on file.

Release Under Investigation (RUI)

If police need more time to investigate, you could be released under investigation. This doesn't mean you're guilty; it just means inquiries are ongoing.

Formal Caution

If you admit to an offence and it's considered minor, the police might offer a formal caution instead of charging you. This is recorded but avoids court proceedings.

Charged and Court Proceedings

If there's enough evidence, you could be formally charged. This means you may have to attend court, either on bail or via a summons.

Further Investigation

In some cases, the police might need to carry out more investigations after the interview before making any final decisions.

Important Tip: Always have a duty solicitor or criminal defence solicitor present before, during, and after a voluntary interview. They can help protect your rights and guide you if things move forward.

What evidence is needed to prove common assault in the UK?

If someone is facing a common assault charge in the UK, the prosecution must prove that they intentionally or recklessly caused another person to fear immediate unlawful violence.

This doesn't always involve physical contact; even making someone fear they're about to be harmed can be enough. To build their case, the police and prosecution rely on different types of evidence.

Key Types of Evidence in a Common Assault Case

Victim's Testimony

The victim's version of events is often central to the case. They will explain how the incident made them fear for their safety.

Witness Statements

Independent witnesses who saw the incident can back up the victim's account and add extra details that support the case.

CCTV Footage

If the incident was caught on camera, CCTV footage can be powerful evidence showing exactly what happened.

Medical Reports

If any injuries occurred, medical records and expert opinions can help show the seriousness of the assault.

Police Reports and Officer Notes

Statements from police officers, arrest records, and their observations at the scene can all strengthen the prosecution's case.

Defendant's Past Behaviour

If the defendant has a history of violence or previous convictions, this may be taken into account to show intent or a pattern of behaviour.

Important Points to Remember

No Need for Physical Contact

Common assault doesn't require actual physical harm; causing someone to fear immediate violence is enough.

Intent or Recklessness Matters

The prosecution must show that the defendant either intended to make the victim fear violence or acted recklessly without caring if they caused that fear.

Fear of Immediate Violence

The fear must be about something happening right away, not a threat of harm in the distant future.

What rights do you have during a voluntary police interview?

You have the right to remain silent, the right to legal advice, and the right to stop the interview and leave at any time. However, anything you say during the interview could be used as evidence, so it's important to consider your responses carefully.

Why you should always have a solicitor with you

Having a solicitor during a voluntary police interview for assault isn't just about comfort, it's about protection. A solicitor can:

• Ensure your rights are upheld
• Advise you when to answer or not answer questions
• Help you avoid saying anything that might harm your case
• Provide vital support if the police try to pressure you

Contact a solicitor for a voluntary interview for assault

Invited to a voluntary police interview for assault? Contact our criminal defence solicitors at 0203 959 7755 for legal advice and representation.