Brief Summary
This video provides essential information about voluntary police interviews in the UK, addressing common questions and concerns. It emphasises that while these interviews are conducted by arrangement and without arrest, they are serious legal processes with potential consequences. Key takeaways include the importance of seeking legal advice, understanding your rights, and being aware of the possible outcomes following the interview.
- Voluntary police interviews are formal and serious, despite being "voluntary".
- You have the same rights as if you were arrested, including the right to free legal advice.
- The police may arrest you during or after a voluntary interview.
- It's crucial to seek legal advice before attending and to understand the potential outcomes.
A voluntary police interview involves attending an interview under caution by arrangement, rather than being arrested. These interviews typically occur at a police station, but can also take place at your home, workplace, or council offices. The key aspects are that your attendance is voluntary as part of a police investigation into a suspected crime, and the interview is recorded, either with audio or both audio and video. The police consider you a suspect, not just a witness, so it's a formal investigative process, not an informal chat. Cooperating in a voluntary interview does not guarantee favourable treatment.
The police usually arrange voluntary interviews by calling you, sending a letter, or leaving a note at your home. If contacted, treat the invitation seriously and contact your lawyer immediately. Your lawyer should check with the police about the potential consequences of not attending. Avoid offering unnecessary information to the police, as anything you say can be used against you. It's best to let your lawyer handle the communication.
The police may ask you to attend a voluntary interview for several reasons. They might not have enough evidence to arrest you, or they may not be able to satisfy the necessity criteria for an arrest. Additionally, voluntary interviews are more cost-effective and time-efficient for the police. From your perspective, attending by arrangement is less embarrassing than being arrested at home.
If you don't attend a voluntary police interview, the police have two options: arrest you or do nothing. The decision depends on whether they can satisfy the reasonable grounds for suspicion and the necessity criteria for arrest. Refusing to attend isn't risk-free, as it may prompt the police to arrest you. Your lawyer can clarify your position with the police and advise you on whether your refusal would likely lead to arrest or if the matter might be dropped. Attending might resolve the matter quickly, demonstrate cooperation, and avoid arrest, but you risk saying something that could harm your case.
No, your rights are the same whether you attend voluntarily or are arrested, including the right to free legal advice and a copy of the police code of practice. However, there's a significant difference: if arrested, you're taken into police custody and your movements are controlled, whereas as a volunteer, you're free to leave unless arrested. Despite this, treat a voluntary interview with the same seriousness as if you were arrested.
Yes, you can be arrested during or after a voluntary police interview. The police might arrest you if they believe you're about to leave, new evidence has emerged, they need to protect others, progress their investigations, carry out a house search, or take fingerprints or DNA samples that can't be done voluntarily. It's crucial to have your lawyer present to advise you and check with the police beforehand whether you will be arrested.
Even if you attend a voluntary police interview by arrangement, it's not automatically the case that you will be arrested, but it's always a possibility. The police might decide to arrest you as soon as you walk through the door of the police station, or during the interview under caution, or even after the police interview. The more serious the offence, the higher the likelihood of arrest, especially if you want to leave.
Yes, always bring your lawyer to a voluntary police interview. You have a right to free legal advice. Your lawyer will ensure you understand the allegation, explain the suspected offence, assess the evidence, advise you on your defence, explain the caution, and advise you whether to answer questions or remain silent. Your lawyer might advise you to remain silent if it's in your best interests, and it's your decision whether to talk or not.
At the beginning of the police interview, you will be cautioned. The caution states that you do not have to say anything, but it may harm your defence if you do not mention when questioned something you later rely on in court, and anything you do say may be given in evidence.
After a voluntary police interview, several outcomes are possible. These include no further action (NFA) if there's insufficient evidence, an out-of-court disposal such as a caution, charges leading to a court hearing, or further investigations. Your lawyer can help you understand the likely outcome and advocate for the best result, such as no further action.
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Transcript
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0:00 what you need to know about voluntary police interviews 10 common questions answered being asked to attend a police interview under caution as a volunteer is more common than you might think so in this post I am going to answer 10 very common questions about voluntary police interviews under caution these are one what is a voluntary police interview two how do the police contact you for a voluntary police interview three why do the police ask you to attend a voluntary police viw by Arrangement rather than just go and look for you and arrest you four what happens if you don't attend a voluntary police interview five do your rights as a volunteer differ if you were arrested instead six can you be arrested when you
0:47 attend for a voluntary police interview seven why do the police arrest you at the police station even if you turned up as a volunteer eight should you bring your lawyer with you to the police station for that voluntary police interview nine what happens in the police interview under caution and 10 what are the possible outcomes following a voluntary police interview and always feel free to comment like and share and if you like this content don't forget to subscribe and follow for more the first question what is a voluntary police interview simply put a voluntary police interview is attending a police interview under caution as a volunteer by Arrangement rather than being arrested voluntary police interviews usually take
1:32 place at the police station but they can also take place at your home address or place of work or even in Council owned offices the common features of a voluntary police interview wherever it takes place are a tenance is by Arrangement as a volunteer as part of a police investigation into a potential crime they suspect you of committing and B that interview under caution is being recorded either audio or or even audio and Visually police code see the police Rule books defines an interview as the questioning of a person regarding their involvement or suspected involvement in a criminal offense or offenses which under paragraph 10.1 must be carried out under caution this means the police
2:18 consider you as a suspect not simply as a witness of a crime so don't let the word voluntary or volunteer mislead you attending as a volunteer for an interview under C by Arrangement is still a formal and serious police investigative process not a friendly chat down the local pub with your mates it will involve an interview under caution just like if you were arrested and then taken to the police station for an interview as a arrested person and don't assume by cooperating with the police in a voluntary police interview and talking to the police you will automatically be treated favorably and more leniently the second question is how do the police contact you for a voluntary police interview usually the police will
3:05 try to arrange a voluntary police interview by a calling you if they have your number and you'll be surprised how easy it is to get your phone number B sending a letter asking you to attend a voluntary police interview via post or C leaving a note at your home address to call them there are a couple of dos and don'ts when you are contacted to attend a police interview by arrang ment here are the dues do treat the invitation seriously as said before this is a formal legal process do contact your lawyer immediately do ask your lawyer to check with the police about the potential consequences of not attending a voluntary police interview and here are a couple of don'ts don't assume you can handle the police interview under
3:51 caution by Arrangement alone without legal advice legal advice is therefore crucial don't start offering unnecessary information in person or by phone or through an exchange of messages with the police while arranging that voluntary police interview information even prior to the police attendants can and will be used against you if it helps the police case that's why it is always best to let your lawyer do the contacting the third question why do the police ask you to attend a voluntary police interview by Arrangement rather than just go and look for you to arrest you there are many reasons but let me offer three one while the police have received a complaint about you they may not have enough evidence to make out reasonable grounds
4:36 for suspicion to arrest you for a crime so they will invite you to a voluntary police interview two even if reasonable grounds for suspicion criteria is met for an arrest the police may not be able to satisfy the second grounds for an arrest which is the necessity criteria to arrest you perhaps that is because you agree to attend the police interview under caution by Arrangement and three for police the voluntary police interview are more cost effective and time efficient than to find you arrest you detain you in a police cell and then wait for your lawyer to attend and from your point of view if you think about it attending a date and a time at the police station for a voluntary police interview by Arrangement is less
5:22 embarrassing and potentially less traumatic than a knock on your door and being arrested among family and friends in the early hours question four what happens if you don't attend a voluntary police interview let's just say you don't want to attend a voluntary police interview under caution by Arrangement what could the police do next well the police have two options option one to go looking for you to arrest you and option two do nothing because they can do nothing which option the police takes depends on two factors and it's all to do with whether the arrest conditions have been satisfied a Can the police satisfy reasonable grounds for suspicion to arrest you for a crime there needs to be some evidence or intelligence for that to be met and B Can the police satisfy
6:08 the necessity criteria to arrest you there needs to be some evidence or intelligence for that condition to be met while the police often use volun police interviews to save time police resources and energy to avoid all the bureaucracy and hassle of arresting you let me be clear a refusal to attend a voluntary police interview isn't risk-free it may prompt the police to escalate the situation to arrest you this is why having your lawyer is important your lawyer can make contact with the police Constable investigating the case on your behalf to help you understand your position and your options whether to attend as a volunteer or to ignore the police request to attend the voluntary police interview under caution by Arrangement effective
6:54 and experienced lawyers will be able to clarify with the police whether your refusal to attend as a volunteer would likely lead to your arrest or whether the police might drop the matter alt together without the need for an interview under caution if you know how the police are thinking you will be legally advised by your lawyer and then you can make the call whether to attend the voluntary police interview or not but here is a quick rundown of some of the main pros and cons of attending a volun police interview the pros are these you might resolve the matter quickly especially especially if you've done nothing wrong and you have a strong defense it demonstrates your cooperation with the police investigation which you might want to know about which in turn
7:39 may be seen in a good light by the police which might treat you with kids gloves and decide on an out of court disposal and the police won't have to look for you and arrest you which really can pee off the police and if they can they will go hard on you as a result but the main con of attending a voluntary police into is this you risk saying something that could harm you and add to the police case against you as a voluntary police interview is an Evidence Gathering exercise and the police may not have enough evidence to arrest you or even to charge you question five do your rights as a volunteer differ if you were arrested instead the answer is no the same rights apply the key ones are the right to free and independent legal advice so use it
8:26 and the right to a copy of the police code of practice the police rule book but there's a huge difference between being arrested and attending a police interview under caution by Arrangement as a volunteer and two are mentioned here one if you're arrested you're taken into police custody and your movements are controlled by the police from your arrest to the police station to eventual release hopefully and two but as a volunteer you are free to leave the police station anytime unless the police decide to arrest you however because the stakes are high it's essential for you to treat Tre a voluntary police inter in the same way with the same seriousness as if you were arrested question six can you be arrested when you attend a voluntary police interview absolutely
9:11 yes while a voluntary police interview means you are free to leave at any time the police may still arrest you during or after the police interview question seven why do the police arrest you even if you've turned up as a volunteer if you attend a voluntary police interview by arrangement it's not automatically the case you will be arrested but it's always a possibility the police might decide to arrest you as soon as you walk through the door of the police station or during the interview under caution or even after the police interview let me give you six possible reasons for arrest one they believe you are about to leave and they need to ensure you remain available for questioning two new
9:58 evidence has suddenly come to light which justifies arrest three they think an arrest is needed to protect others or prevent harm four they believe an arrest is now necessary to progress their investigations five will they want to now carry out a house search or arrest others at large they don't want you to interfere with their police investigations EG those Witnesses or co- suspects six they want to take fingerprints DNA samples or photographs which can't be be done voluntarily this is why it's critical to have your lawyer present not just to advise you join the police interview under caution but also to check with the police beforehand whether you will be arrested at the
10:43 police station if you attend by arrangement in my experience the more serious the offense the likelihood of at least the threat of arrest if you turn up and then want to leave the police want to get a police interview under caution on on record your account on record at the very least question eight should you bring your loow with you to the police station for a voluntary police interview absolutely yes always contact your lawyer the one you trust before attending under Pace Cy you have a right to legal advice and it's free for voluntary police interviews your lawyer will ensure you understand 10 points one you understand the allegation two explain the offense you're suspected
11:30 of three whether the police have evidence of your wrongdoing four the strengths and weaknesses of the case against you five take your instructions six advise you whether you have a defense seven explain to you the meaning of the caution eight explain that you have a right to remain silent in the police interview nine that silence may lead to an adverse inference and 10 crucially advise you whether to answer please questions or to remain sent or just say no comment to all the please questions for example your lawyer might advise you to remain silent if they believe it is in your best interests or your lawyer might advise you that it's in your best interest to answer police questions and remember it's your call whether to talk or not to talk to the police at the end
12:15 of the day and never ever forget the whole point of a police interview under caution is an Evidence Gathering exercise question n what happens in the police interview under caution just like if you are arrested at the beginning of the police interview you will be cautioned the caution States this you do not have to say anything but it may harm your defense if you do not mention when question something you later rely on in court anything you do say may be given in evidence and I've made a separate post explaining the three parts to the caution and question 10 what are the possible outcomes of a voluntary police interview after a voluntary police interview several outcomes are possible but let me mention four one no further
13:03 action NFA if the police believe there is insufficient evidence the case might be closed with no further action great news two out of court disposal in some cases the matter could be resolved without prosecution this might involve a caution a conditional caution or some form of resolution three charges if the police think there is enough evidence you could be charged with an offense or two this would lead to a court hearing date and for further investigations the police might continue their investigations and contact you later with their decision your lawyer can help you understand the likely outcome and even press your case with the police for the best outcome and that might be no further action so in conclusion a
13:50 voluntary police INF might sound less intimidating than being arrested but it can have the same serious consequences always protect yourself by seeking expert legal advice from a lawyer you trust so if you've been invited to attend a voluntary police inter you under caution by Arrangement take a moment to breathe call your lawyer and if you go go prepared it's not just about cooperating it's about safeguarding your future feel free to comment and subscribe and follow for more
