Voluntary Police Interview under Caution
Any involvement, interview or communication with the police is a serious matter.
Whilst the word ‘voluntary’ implies a level of informality, a voluntary interview under caution should be considered as serious as “being taken in for questioning”. No matter how friendly the officer seems, or how casual the questions appear to be, you are still under caution and what you say may be used as evidence in court.
DETAILS
Rights and Entitlements in Voluntary Police Interviews
During the interview process you must be told about the rights, entitlements and safeguards that will apply to the interview before you give consent to continue. This includes your right for independent legal advice, a right that we recommend you exercise as soon as possible.
A person may decide that exercising their right to a solicitor isn’t necessary for the interview as they believe they have nothing to hide, or that this may be a sign of guilt. However, what you say and how you act in a voluntary police interview can have serious ramifications which can be used in criminal proceedings against you.
GUIDE
Voluntary Police Interview Procedure
The interviewing officer must follow a standard procedure. At the start of the interview the officer should tell you:
- You are not under arrest and free to leave at any time.
- However, if you were to leave, you may be liable to arrest.
- The purpose of the interview and the offence being investigated.
- The names of the officers in attendance.
- That the interview is being recorded.
- Your entitlements, rights and any safeguarding in effect.
- The caution.
- That you have the right to legal representation during any stage of the interview.
- How you can gain a copy of the recording.
- Next steps after interview.
Key Points to Remember in Relation to Voluntary Police Interviews
- You are not under arrest during a voluntary police interview, although, if you try to leave you may be placed under arrest.
- You do not have to consent to the interview. However, if you do not consent then it is possible that you will be arrested.
- The police officer who interviews you must tell you about your entitlements, rights and the safeguards in place before you consent to the interview.
- You have a right to legal representation. After exercising your right, the officer who interviews you is not permitted to continue questioning until your legal representative is present.
Having a Legal Representative Present
The Benefits of Having a Legal Representative in a Voluntary Interview Under Caution
A legal representative can obtain disclosure from the officer in the case prior to interview. If you do not request a legal representative, the first time you know about the details of the allegation being made against you are when you are sat in an interview room having questions fired at you. Our legal representative will relay this disclosure to you and advise whether to answer no comment, put forward a written pre-prepared statement or give a full verbal account.
How Daniel Woodman & Co., Solicitors Can Protect You in a Voluntary Interview Under Caution
We have expert experience in all areas of criminal law and can protect you and your best interests in an interview setting. We understand that if you are a stranger to interviews under police caution this will be a daunting experience for you. We will assist you through the interview process and make sure you understand each stage and feel comfortable. We are familiar and experienced in dealing with all police forces across England & Wales. You can find reviews on our website from clients to help you with your search in representation and hope we can be of assistance.
Use a Voluntary Interview to Your Advantage
The benefit of a voluntary interview as opposed to an interview under arrest is that there will be some advanced warning. This enables us to be proactive and prepare thoroughly for the interview. We can request the disclosure from the officer in the case in advance, hold a conference with you prior to the day of interview and take your detailed instructions in relation to the background of the allegation together with your personal circumstances. We can advise you during this conference of the best way to proceed in interview and if required go on to represent you during the formal interview process. This can be covered by Legal Aid if available, or through private payment.
Out of Court Disposals – Police Caution Instead of Charge
In certain circumstances it will be more appropriate for the police to offer you a caution as opposed to you being charged and receiving a court date. We can make representations on your behalf to the Police and Crown Prosecution Service when appropriate to do so.
Representations to the Crown Prosecution Service
If you have received a charge and been given a court date, in certain scenarios, we can have a further conference with you to take additional instructions and draft representations to the Crown Prosecution Service requesting that your case be reviewed and the charge against you discontinued.
The Caution
You will be formally cautioned. The caution states:
“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
If you are not cautioned our experienced legal representative will be able to argue that anything you have said during the interview can be considered inadmissible as evidence in court.
How Long Does a Personal Injury Claim Take?
Every claim is different, and the timescale depends on a range of factors, including the complexity of the case, the severity of the injury, and whether the other party accepts responsibility.
- If liability is accepted: 6–12 months (on average)
- If liability is disputed: 12–18 months or longer
- Serious or complex injuries may extend the timeline further
No matter the time frame, our team is committed to progressing your case as efficiently and effectively as possible; while ensuring you receive the maximum support and compensation available.
Get in touch today
To speak with a member of our personal injury team, call us today on 0117 967 9800 or email info@danielwoodman.co.uk
