What Should I do if the Police Want to Interview Me?

What is a voluntary interview?

A voluntary interview is an interview conducted by the police or another investigative body such as the Financial Conduct Authority (FCA), the Serious Fraud Office (SFO) or the National Crime Agency (NCA), invite you to attend for an interview and answer questions at a set date and time, rather than having been arrested or held at a police station.

The interview is held 'under caution'. This means that, before questioning you, the police formally warn you that the interview is being recorded, that what you say may be used as evidence and if you fail to state something now, an adverse inference could be drawn. It is the same warning you would be given if you had been arrested.

A voluntary interview is sometimes called a "caution plus 3". That is because the interview is held under caution, and the following three factors apply:

1. You are not under arrest – you have not been arrested or held in order to complete an interview.
2. You are free to leave – you do not have to go through with the interview, and you can stop and leave at any time. However, it may be in your interest to take part, and the police could still arrest you later on.
3. You can get legal advice – while you are at a police station, you are entitled to free and independent legal advice.

What happens after?

Once the interview has concluded, you are free to leave. Because you attended on a voluntary basis, you will not be subject to any bail conditions. The police (or other authority) will then decide what action they will take next, but they are not under any time pressure to make a decision. The possible outcomes are the same as if you had been arrested. You can read more about those outcomes here: What Will Happen After I’ve Been Interviewed by the Police?

 If it's voluntary, it can't be that serious?

You will only be asked to attend an interview as part of an investigation, meaning an allegation has been made, that you are a suspect, or that the police otherwise have a reason to speak to you.

People often assume that being invited to a voluntary interview, rather than being arrested, means the matter is not serious or will be handled in a relaxed or friendly way. That is not the case. There are many reasons why someone is asked to attend voluntarily instead of being arrested. Though it may feel more informal, a voluntary interview is still a formal interview. Should the matter progress further, the interview recording and anything you say could be used as evidence.

I've been asked to attend a voluntary interview, what should I do now?

You can arrange for a solicitor of your choice to attend with you or ask for legal representation when you arrive.

If you have been invited to attend a voluntary interview, contact our offices for advice and to speak to someone beforehand so that we can arrange representation for you.

We can:

• advise you on whether you should attend,
• obtain information about the investigation and disclosure,
• liaise with the police on your behalf,
• answer any questions you may have,
• attend the interview to represent you.

Please contact our Police Station Team for confidential and specific advice if you are due to attend an interview under caution.