Receiving a call from the police for a voluntary interview under caution can be unsettling. The term “voluntary” might suggest a casual meeting, but this type of interview is a serious matter with significant consequences. It’s important to understand that despite the informal setting, anything you say during the interview can be used as evidence in court.

It is important to approach voluntary interviews like any other encounter with the police: with caution. By knowing your rights and understanding what to expect, you can handle the situation more confidently and make informed decisions.

Understand the Nature of the Interview

There is nothing informal about a voluntary interview under caution. Simply put, the police suspect you of a crime but allow you to provide your side of the story without being arrested. Despite the informal setting, anything you say can be used as evidence in court. Therefore, it’s essential to approach this interview with caution.

The police conduct these interviews to gather information and evidence. They may not have enough evidence to arrest you, but they believe you have information relevant to their investigation. It’s their opportunity to hear your explanation and possibly gather more details about the case.

Know Your Rights

• Right to Legal Representation: You have the right to free and independent legal advice. This is crucial because a solicitor can help you understand the allegations against you and advise you on how to respond.
• Not Under Arrest: During a voluntary interview, you are not under arrest and technically free to leave anytime. However, if you choose to leave, the police may arrest you to continue the interview.
• Right to Silence: You’re not required to answer the questions, but deciding to remain silent could impact your case if it goes to court. The caution the police gave will be explained to you: “You have the right to stay silent, but not mentioning something during questioning that you later rely on in court may affect your defence. Anything you say can be used as evidence.”

Before the Interview

• Contact a Solicitor: As soon as the police contact you, contact a solicitor. They can liaise with the police on your behalf, help you understand the process, and prepare you for the interview.
• Gather Information: Note the police officer’s name, station, and contact details. This information will help your solicitor communicate with the police effectively.
• Do Not Discuss the Case: Avoid discussing the details of the case with anyone other than your solicitor, as these conversations can be used against you.

During the Interview

• Remain Calm and Polite: Keep a calm and respectful demeanour throughout the interview. This helps maintain a good impression and ensures the process goes smoothly.
• Listen Carefully: Pay attention to the questions being asked. If you do not understand a question, ask for clarification before answering.
• Consult Your Solicitor: Your solicitor will be present during the interview. They can advise you when to answer questions, remain silent, or provide a prepared statement.

After the Interview

After the interview, getting in touch with your solicitor is important. They’ll guide you through the next steps and keep you informed about any updates in the case.

Depending on how the interview went, there could be different outcomes. You might not face any further action or be offered a caution or community resolution. You might be charged and given a court date in more serious cases. Your solicitor will explain what happens next and support you through the process.

It’s also crucial to keep the details of the interview private. Avoid discussing them with anyone other than your solicitor to protect your interests. With your solicitor’s help, you’ll be prepared for whatever comes next.

Final Thoughts

A “voluntary interview” is not a casual chat with the police. It’s a formal procedure where you’re asked to provide information about a suspected crime. Even though you’re not under arrest, what you say during this interview can be used as evidence in court. Therefore, it’s crucial to recognise the seriousness of the situation and understand that your words hold considerable weight.

Approaching a voluntary interview requires careful consideration. While it may feel less intimidating than being formally arrested, the implications are just as significant. Preparing adequately, seeking legal advice if necessary, and ensuring you fully understand your rights before proceeding is essential. Remember, your cooperation during the interview should be within the boundaries of your rights, and seeking professional guidance can help you navigate this process effectively.